Attorney General Opinion No. 1983-090 PDF Download

Author: Robert T. Stephan
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Languages : en
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Pursuant to the provisions of K.S.A. 55-211a, a city may enter into an agreement for the cooperative development of oil and gas rights, provided that such an agreement serves a public purpose. Cited herein: K.S.A. 55-211a, Kan. Const., Art. 12, section 5.

Author: Robert T. Stephan
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Languages : en
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A child who lives in Missouri with one of his or her parents is not assured of the right to attend public schools in Kansas even though the child's other parent is a resident of Kansas. However, the child may be granted the right to attend public school in this state. Cited herein: K.S.A. 1983 Supp. 72-1046, as amended by L. 1984, ch. 261, section 3; K.S.A. 72-1046a, as amended by L. 1984, ch. 261, section 4.

Author: Robert T. Stephan
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Languages : en
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An ordinance which authorizes a local human relations commission to award compensatory and punitive damages in a discrimination case is incidental to effectuation of a public purpose, i.̲e̲.̲ the elimination of discrimination within a community, and constitutes a valid exercise of city home rule powers. While a local human relations commission lacks standing in district court to enforce such an award, a victim of discrimination may file suit for enforcement in district court. Cited herein: K.S.A. 1985 Supp. 44-1005; K.S.A. 44-1011; 60-217; K.S.A. 1985 Supp. 60-2101(d); Kan. Const., Art. 12, section 5.

Author: Robert T. Stephan
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Languages : en
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The construction of a system of "bypass highways" is a valid exercise of Douglas County's power of local legislation or "home rule" as provided by K.S.A. 19-101 and K.S.A. 1984 Supp. 19-101a, as amended. The home rule resolution may authorize the necessary financing of the project, in part, through issuance of general obligation bonds of the county, as long as the issuance is subject to acts of the legislature prescribing a county's limit of indebtedness. K.S.A. 68-580 e̲t̲ s̲e̲q̲., which allows for the designation of "primary arterial highways" by a board of county commissioners, does not specifically address the proposed "bypass" but does provide procedures whereby the bypass project could be accomplished. However, K.S.A. 68-580 e̲t̲ s̲e̲q̲., does not prescribe the exclusive method for accomplishing such a project, and the existence of this alternative does not limit the county's authority under the home rule statutes. If the board of county commissioners decides to use home rule authority, the authorizing resolution may be enacted as an ordinary, rather than a charter, resolution. Cited herein: K.S.A. 1984 Supp. 10-306, as amended by L. 1985, ch. 62; K.S.A. 19-101; K.S.A. 1984 Supp. 19-101a, as amended by L. 1985, ch. 95; K.S.A. 19-101c; 68-580; 68-581; K.S.A. 1984 Supp. 68-584; L. 1981, ch. 173, section 74.

Author: Curt Thomas Schneider
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Languages : en
Pages : 1

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A letter confirming a previous conversation "in regard to your inquiry concerning the definition of the phrase, 'implement of husbandry'."

Author: Robert T. Stephan
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Languages : en
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No provision of the Code of Procedure for Municipal Courts, or any other statutory provision, grants general authority to cities to penalize ordinance violations by imprisonment for a term commensurate to that of a felony. Further, cities do not have such authority under constitutional home rule powers, since punishment of serious offenses, for which a term of imprisonment in excess of one year may be imposed, is not a "local affair," as said term is used in Article 12, section 5 of the Kansas Constitution. However, where the state of Kansas has, by statute, delegated to cities the authority to impose such a sentence with respect to a particular ordinance violation, a municipal judge may validly impose the sentence. The state of Kansas has delegated such authority with respect to third or subsequent violations of Section 31 of the S̲t̲a̲n̲d̲a̲r̲d̲ ̲T̲r̲a̲f̲f̲i̲̲c̲ ̲O̲r̲d̲i̲n̲a̲n̲̲c̲e̲ ̲o̲f̲ ̲K̲a̲n̲s̲a̲s̲ ̲C̲i̲t̲i̲e̲s̲, but has not delegated such authority with respect to violations, for a third or subsequent time, of Section 192 of said Ordinance. Cited herein: K.S.A. 8-262, 8-1401, 8-1568, 8-2001, 8-2204, 12-4101, 12-4104, 12-4509, 12-4510, 13-401, 13-424, 13-601, 14-401, 14-439, 14-801, 15-440, 15-501, 20-1401, 20-1403, 20-1424, 20-1428, 20-1501, 20-1502, 20-1601, 20-1603, 20-1801, 20-1803, 20-1901, 20-1902, 20-2001, 20-2002, 20-2101, 20-2102, L. 1965, ch. 90, section 1, L. 1973, ch. 61, section 12-4702, Kan. Const., Art. 12, section 5.

Author: Robert T. Stephan
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Languages : en
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Criminal pretrial proceedings must be conducted in the county of venue unless the governing statute specifically permits the proceeding to be conducted in another county. A pretrial proceeding conducted in a county other than the county of venue, without specific statutory authorization therefor, unless waived, is void for lack of jurisdiction. Cited herein: K.S.A. 22-2901, K.S.A. 22-2902, Kan. Const., Bill of Rights section 10.

Author: Robert T. Stephan
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Languages : en
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The governing board of a community mental health center has no authority to borrow money from a financial institution to purchase or construct a building.

Author: Curt Thomas Schneider
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Languages : en
Pages : 3

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"A law enforcement officer investigating a reported breach of the peace taking place nearby has the authority to command the assistance of a private citizen in guarding a prisoner in the officer's custody provided the officer has the intent at the time of the command to make an arrest if the report providing the officer's "probable cause" is confirmed by his immediate investigation."

Author: Robert T. Stephan
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Languages : en
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County attorneys must maintain an office at the seat of justice, unless otherwise provided by law or the board of county commissioners. Cited herein: K.S.A. 19-2601.