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Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
An instrument, by which several promissory notes and real estate mortgages securing thoses notes are assigned to a lending institution for the purpose of securing a loan, is not itself a mortgage of real property. It is a mortgage of intangible personal property. Thus, any such instrument should be filed together with other instruments that create liens on personal property. However, if the instrument is proved or acknowledged, and certified in accordance with the provisions of K.S.A. 58-2211 to K.S.A. 58-2219, inclusive, the instrument also may be recorded in the real estate records. Since such instruments are not mortgages of real property, said instruments may be filed without payment of the mortgage registration fee. Cited herein: K.S.A. 58-2211, 58-2219, 58-2221, K.S.A. 1981 Supp. 84-9-401.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
An instrument, by which several promissory notes and real estate mortgages securing thoses notes are assigned to a lending institution for the purpose of securing a loan, is not itself a mortgage of real property. It is a mortgage of intangible personal property. Thus, any such instrument should be filed together with other instruments that create liens on personal property. However, if the instrument is proved or acknowledged, and certified in accordance with the provisions of K.S.A. 58-2211 to K.S.A. 58-2219, inclusive, the instrument also may be recorded in the real estate records. Since such instruments are not mortgages of real property, said instruments may be filed without payment of the mortgage registration fee. Cited herein: K.S.A. 58-2211, 58-2219, 58-2221, K.S.A. 1981 Supp. 84-9-401.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
K.S.A. 80-1201 e̲t̲ s̲e̲q̲., impose a duty on the township trustees of each Kansas township with regard to the eradication of prairie dogs in those counties in which there is an infestation. The trustee of each township is empowered to purchase such materials as may be needed for this task, including poisons, with the cost thereof spread as an additional mill levy upon real property in the township. While K.S.A. 80-1202 provides for notice to be given to landowners concerning the problem and, upon their failure to act, for entry by the township trustee or his agents upon private land, such provisions apply only to those counties which meet the criteria contained in the statute. The same is true regarding the provisions of the same statute which deal with the assessment of landowners who do not comply with the notice of the township trustee. However, as it is within the home rule authority of a county to provide for the eradication of prairie dogs, Lane County may adopt by resolution those provisions of K.S.A. 80-1202 which are otherwise applicable only to townships in certain counties. Cited herein: K.S.A. 1982 Supp. 19-101a(b), as amended by L. 1983, ch. 92, section 1, K.S.A. 80-1202, L. 1969, ch. 472, section 1.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
Under the provisions of K.S.A. 1984 Supp. 22-2908 (as amended by L. 1985, ch. 48, section 16) and K.S.A. 12-4415 (as amended by L. 1985, ch. 48, section 11), a county attorney or city attorney is not prohibited from entering into a diversion agreement in lieu of further criminal proceedings if a defendant (charged with an alcohol related offense) has been convicted of or pleaded n̲o̲l̲o̲ c̲o̲n̲t̲e̲n̲d̲e̲r̲e̲ to a violation of an alcohol related offense in a state other than Kansas. However, a previous conviction in another state must be considered in determining whether diversion of a defendant is in the interest of justice. Cited herein: K.S.A. 1984 Supp. 8-1567 (as amended by L. 1985, ch. 50, section 5), K.S.A. 12-4415 (as amended by L. 1985, ch. 48, section 11), K.S.A. 1984 Supp. 22-2908 (as amended by L. 1985, ch. 48, section 16); L. 1983, ch. 37, section 2.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
As amended by L. 1982, ch. 144, section 5, K.S.A. 1981 Supp. 8-1567 provides that a person convicted of a violation of the offense of operating a motor vehicle while under the influence of alcohol may be required to perform public or community service work as an alternative to incarceration or payment of a fine. In assigning the work to be performed, a judge or court services division would be exercising judicial and discretionary functions, respectively, and would be exempt from liability under the Tort Claims Act, K.S.A. 1981 Supp. 75-6101 e̲t̲ s̲e̲q̲. However, as noted by Attorney General Opinion Nos. 81-98 and 82-157, the recipient organization (including local governments and non-profit corporations) may be liable for injuries and damages inflicted or suffered by persons acting within the scope of their designated community service duties. Cited herein: K.S.A. 1981 Supp. 8-1567 (as amended by L. 1982, ch. 144, section 5), K.S.A. 21-4610, K.S.A. 1981 Supp. 75-6102, 75-6104.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
Neither K.S.A. 12-1222 nor the common law doctrine of incompatibility of offices precludes a person from simultaneously being the county register of deeds and a member of a city's library board. Cited herein: K.S.A. 12-1218 and 12-1222.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
As amended by L. 1982, ch. 144, K.S.A. 1981 Supp. 8-1567 contains new provisions for the sentencing of persons who are convicted of operating a vehicle while under the influence of alcohol. Additionally, the act amends K.S.A. 1981 Supp. 8-1001 to admit into evidence the defendant's refusal to take a chemical test for the presence of alcohol. While the act does not specifically provide that these changes will apply only to offenses committed after its effective date of July 1, 1982, such a result is necessary in view of the substantive, as opposed to merely procedural, nature of these two amendments. Accordingly, the above-referenced amendments are applicable only to offenses committed after the effective date of the act. Cited herein: K.S.A. 1981 Supp. 8-1001, 8-1567, both as amended by L. 1982, ch. 144, K.S.A. 21-3102, 22-4618.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
A bank may, for purposes of securing deposits of public funds, pledge revenue bonds issued by a quasi-municipal corporation, provided that approval is given by the state bank commissioner. An exception is made in the case of bonds secured by revenues of a utility which has been in operation less than three years, with the use of such bonds not permitted for pledging purposes. K.S.A. 9-1402(e)(1). Pursuant to a rule and regulation of the bank commissioner (K.A.R. 17-14-1), the term "utility" is defined using the definition found at K.S.A. 1983 Supp. 10-1201, which includes publicly-owned facilities of a revenue-producing character which supply water. In that a rural water district organized pursuant to K.S.A. 82a-612 e̲t̲ s̲e̲q̲., is a quasi-municipal corporation which operates publicly-owned water supply facilities and may issue revenue bonds therefor, K.S.A. 9-1402(e) is applicable to those districts whose systems have not been in operation for three years. Cited herein: K.S.A. 9-1402, 10-101, K.S.A. 1983 Supp. 10-1201, K.S.A. 82a-616, K.S.A. 1983 Supp. 82a-619, 82a-625, K.A.R. 17-14-1.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
There is no basis for disregarding the plain and unambiguous language in K.S.A. 1980 Supp. 8-1901(c) that prescribes the schedules to be used in calculating fines for violations of the vehicular weight limitations contained in K.S.A. 8-1908 and K.S.A. 1980 Supp. 8-1909. An interpretation of these schedules according to the exact and literal import of the words used therein does not contravene the manifest purpose of the legislature, i.̲e̲.̲, to provide for the escalation of fines for such violations in relation to the amount by which said weight limitations are exceeded. Accordingly, there is no justification for interpreting these schedules in a way that requires a modification of the language thereof. Cited herein: K.S.A. 1980 Supp. 8-1901, K.S.A. 8-1908, K.S.A. 1980 Supp. 8-1909.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
As amended by 1982 Senate Bill No. 699, K.S.A. 1981 Supp. 8-1567 provides [at subsection (n)] that a city may enact an ordinance which prohibits or makes unlawful the same acts as are dealt with by the statute, provided that the ordinance's minimum penalties are the same as the statutes for any given violation, and the ordinance's maximum penalty does not exceed that of the statute. Apart from these limits, K.S.A. 1981 Supp. 8-1567 as amended does not preempt a city from taking action in this area. As amended by 1982 Senate Bill No. 699, K.S.A. 1981 Supp. 8-1567(c), (d) and (e) prohibit a prosecuting attorney from entering into any plea-bargaining agreement by which a defendant enters a guilty or no contest plea to a lesser offense than that originally charged. While no sanctions against such conduct exist under the statute, provisions of the general ouster law could be applied against prosecuting attorneys who violate the prohibition against plea-bargaining. Cited herein: K.S.A. 1981 Supp. 8-1567, as amended by 1982 Senate Bill No. 699, K.S.A. 22-2907, 22-2908.
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: Robert T. Stephan