Attorney General Opinion No. 1981-058 PDF Download

Author: Robert T. Stephan
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The provisions of subsection (e) of K.S.A. 72-8213 authorize a board of education to change the use of an attendance facility of the unified school district o̲n̲l̲y̲ so long as the change will result in at least three high-school grades, three junior high-school grades, o̲r̲ six elementary school grades being offerred in such attendance facility. (See, also, Attorney General Opinion Nos. 81-12 and 80-249.) Cited herein: K.S.A. 72-8213.

Author: Robert T. Stephan
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Pursuant to K.A.R. 1981 Supp. 63-3-11(f), a dead human body need not be placed in a casket or wooden container in order to be cremated. If a casket is not used, the body shall be placed in a suitable combustible container. Kansas Administrative Regulations promulgated by the Kansas State Board of Embalming govern the transportation of embalmed or unembalmed bodies. Cited herein: K.A.R. 63-3-10, K.A.R. 1981 Supp. 63-3-11, K.A.R. 63-3-12, 63-3-14.

Author: Robert T. Stephan
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Languages : en
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Pursuant to K.S.A. 1980 Supp. 58-3048(c), the Real Estate Commission is vested with broad discretion concerning the text of information published by the Commission regarding its enforcement actions and the frequency of such publications, p̲r̲o̲v̲i̲d̲e̲d̲ only that the Commission publish such information that it deems of interest to the public, that it publish such information at least annually in conjunction with its publication of a list of names and addresses of all licensees, and that the manner of publishing such information be calculated to reach the general public. Cited herein: K.S.A. 1980 Supp. 58-3048, 58-3050, 58-3058, 75-6101, 75-6104 (as amended by L. 1981, chs. 357, 358, 359).

Author: Robert T. Stephan
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Pursuant to the provisions of K.S.A. 58-2614, a board of county commissioners must, upon vacating a subdivision plat, order that the land "be listed for taxation and for other purposes as though it had never been platted." Cited herein: K.S.A. 58-2613 and 58-2614.

Author: Robert T. Stephan
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Languages : en
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Pursuant to K.S.A. 58-207, a person who provides feed to livestock has a lien upon such livestock to the extent of the value given, but only if such person remains in actual possession of the animals. A merchant who sells feed to a livestock producer on open account has no such statutory lien, and has the status of an unsecured creditor until such time as the merchant perfects a security interest under the provisions of Article 9 of the Kansas Uniform Commercial Code, K.S.A. 84a-9-101 e̲t̲ s̲e̲q̲. Cited herein: K.S.A. 58-201, 58-203, 58-207, 58-208, 58-218, 58-220, 84-9-109, K.S.A. 1980 Supp. 84-9-301, K.S.A. 84-9-310, K.S.A. 1980 Supp. 84-9-312, 84-9-401, 84-9-402.

Author: Robert T. Stephan
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Languages : en
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An individual who is employed to act solely as "tour guide" for a developer, and whose functions and duties do not involve assisting or directing in the procuring of prospective buyers or customers or otherwise contravene the provisions of K.S.A. 1980 Supp. 58-3035(c)(8), is not required to be licensed as a real estate broker or salesperson. Cited herein: K.S.A. 1980 Supp. 58-3035, 58-3036.

Author: Robert T. Stephan
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Languages : en
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The provisions of K.S.A. 58-2431 e̲t̲ s̲e̲q̲. govern the creation of trusts for the benefit of the state of Kansas. Among other requirements, said statutory provisions prescribe that the trustee of such a trust must be an agency of the state of Kansas, and that, in the case of written instruments, the beneficial interest in the trust must be accepted by the governor. The Kansas Fish and Game Commission must comply with the requirements of K.S.A. 58-2431 e̲t̲ s̲e̲q̲. prior to entering into any trust agreement whereby moneys are donated for the improvement of donated lands. Where the Kansas Fish and Game Commission is the trustee under a trust for the improvement of certain donated state lands, and is contracting for the improvement of such lands, the competitive bidding requirements prescribed by K.S.A. 1980 Supp. 75-3739 would apply. Kansas Attorney General Opinion No. 81-244 is modified as set forth herein. Cited herein: K.S.A. 58-2431, 58-2437, K.S.A. 1980 Supp. 75-3739.

Author: Robert T. Stephan
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Languages : en
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Pursuant to the provisions of the Real Estate Brokers' and Salespersons' License Act, K.S.A. 1980 Supp. 58-3034 e̲t̲ s̲e̲q̲., any person, in the absence of all applicable exemption, must be licensed as a real estate broker, associate broker, or salesperson in order to auction real estate as an employee of or on behalf of the owner of real estate. Although subsection (d) of K.S.A. 1980 Supp. 58-3037 exempts the executor of an estate from the licensure requirement, said exemption statute does not exempt unlicensed auctioneers employed by the executor, and such nonexempt, unlicensed auctioneers may not auction real estate. Cited herein: K.S.A. 1980 Supp. 58-3035, 58-3036, 58-3037.

Author: Robert T. Stephan
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Languages : en
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In computing the replacement value of a curb or sidewalk for purposes of K.S.A. 1980 Supp. 58-1301 e̲t̲ s̲e̲q̲., as amended by L. 1981, ch. 343, a lineal block measurement is to be used. Cited herein: K.S.A. 12-696, 31-150, 32-154, 39-1101, 44-1001, K.S.A. 1980 Supp. 58-1301, as amended by L. 1981, ch. 343, 58-1310, 75-3764.

Author: Robert T. Stephan
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The provisions of K.S.A. 1980 Supp. 58-3046(g), whereby certain licensees are exempted from compliance with the continuing education requirements imposed by the Real Estate Brokers' and Salespersons' License Act, constitute an unreasonable, arbitrary and capricious classification, and are violative of the equal protection clause of the Federal Constitution. Since said exemption is an inseparable part of the whole scheme and purpose of the educational requirements imposed by the subject act, all such requirements, as set forth in K.S.A. 1980 Supp. 58-3046, are unconstitutional and void. Cited herein: K.S.A. 1980 Supp. 58-3034, 58-3039, 58-3046; L.1978, ch. 219, section 1; U.S. Const., Amend. XIV, section 1.