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Author: Carla J. Stovall Publisher: ISBN: Category : Languages : en Pages :
Book Description
In light of K.S.A. 12-406a, K.S.A. 19-101 and the common law, we believe that a county may generally transfer fee simple title held by the county in dedicated park property to a city if public use of the real estate is continued and if not otherwise prohibited by the grantor or trust. The value of the property is a fact question. As dedicated park property can only be owned by a public entity and used for a public purpose, its marketable value is substantially decreased and it may not be necessary that the transfer of deed be associated with payment of public moneys. If it is valued at less than $1,000, the provisions of K.S.A. 1994 Supp. 19-211(c) may provide a simplified procedure foraccomplishing a transfer of title to park land located outside the boundaries of the city. If the park is located within the city, K.S.A. 12-406a makes such a transfer mandatory. Cited herein: K.S.A. 12-101; 12-406; 12-406a; 12-1301; 13-2535; 13-1335; 19-101; K.S.A. 1994 Supp. 19-211; 19-2803b; K.S.A. 19-2890; 75-3304b; 75-3350; K.S.A. 1994 Supp. 76-183; 76-184; 76-187; K.S.A. 1994 Supp. 79-1466.
Author: Carla J. Stovall Publisher: ISBN: Category : Languages : en Pages :
Book Description
In light of K.S.A. 12-406a, K.S.A. 19-101 and the common law, we believe that a county may generally transfer fee simple title held by the county in dedicated park property to a city if public use of the real estate is continued and if not otherwise prohibited by the grantor or trust. The value of the property is a fact question. As dedicated park property can only be owned by a public entity and used for a public purpose, its marketable value is substantially decreased and it may not be necessary that the transfer of deed be associated with payment of public moneys. If it is valued at less than $1,000, the provisions of K.S.A. 1994 Supp. 19-211(c) may provide a simplified procedure foraccomplishing a transfer of title to park land located outside the boundaries of the city. If the park is located within the city, K.S.A. 12-406a makes such a transfer mandatory. Cited herein: K.S.A. 12-101; 12-406; 12-406a; 12-1301; 13-2535; 13-1335; 19-101; K.S.A. 1994 Supp. 19-211; 19-2803b; K.S.A. 19-2890; 75-3304b; 75-3350; K.S.A. 1994 Supp. 76-183; 76-184; 76-187; K.S.A. 1994 Supp. 79-1466.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
In B̲e̲l̲l̲o̲t̲t̲i̲ ̲v̲.̲ ̲B̲a̲i̲r̲d̲, 443 U.S. 622, 995 S. Ct. 3035, 61 L. Ed. 2d 797 (1979) (plurality opinion) the United States Supreme Court held that the United States Constitution would permit a state to require a pregnant minor to obtain parental consent to an abortion if the state provided an alternative procedure whereby the minor could establish that she was mature enough to make the decision on her own or that it would be in her best interests to have the abortion. Since 1988 House Bill No. 2950 establishes such an alternative procedure, it is our opinion that its parental consent requirements would pass constitutional muster. Cited herein: 1988 House Bill No. 2950.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
Through the imposition of fines for unlawful conduct, K.S.A. 1980 Supp. 8-1901(d) imposes criminal liability. In addition, subsection (a) of that statute does not appear to violate the United States Constitution's Equal Protection Clause, although it only imposes liability upon a limited class of persons. Moreover, that subsection appears to convey a sufficiently definite warning as to the conduct proscribed therein, so as to avoid being unconstitutionally vague and uncertain. Cited herein: K.S.A. 1980 Supp. 8-1901, 8-1909, K.S.A. 8-2116, 8-2204, 21-3105, K.S.A. 1980 Supp. 21-4503, U.S. Const., Amend. XIV.
Author: American Bar Association. House of Delegates Publisher: American Bar Association ISBN: 9781590318737 Category : Law Languages : en Pages : 216
Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: Curt Thomas Schneider Publisher: ISBN: Category : Languages : en Pages :
Book Description
A law enforcement officer may not contact certain defendants by telephone in order to inform them that a warrant is outstanding for their arrest. Such disclosures violate the prohibition of K.S.A. 21-3827.
Author: Carla J. Stovall Publisher: ISBN: Category : Languages : en Pages :
Book Description
While recognizing the importance of requiring licensure and regulation by the state of those who wish to practice law here, and the Kansas Supreme Court's inherent authority to require such licensure and regulation, due to the fact that the activities in question are occurring within a federal enclave and based on the supremacy clause, in our opinion attorneys acting under the authority of the United States army legal assistance program may counsel and assist pro se military clients with the preparation of necessary documents to be filed in Kansas courts in specified civil proceedings without obtaining a license to practice in the state of Kansas. Cited herein: 10 U.S.C. section 1044; U.S. Const., art. VI, cl. 2.
Author: Carla J. Stovall Publisher: ISBN: Category : Languages : en Pages :
Book Description
The Kansas Supreme Court has the inherent power to prescribe conditions for admission to the bar and to regulate and control the practice of law. While there are statutes that relate to the practice of law, such statutes are effective only when in accord with the inherent power of the judiciary. Both K.S.A. 44-536(a) and rule 1.5(d) of the Kansas model rules of professional conduct adopted by Supreme Court rule 226 deal with how attorney fees in contingent fee cases are calculated. Because both the court's rule and the statute are intended to achieve the same goal, the legislation does not have a deleterious impact on the court's function. For this reason, K.S.A. 44-536(a) does not amount to a usurpation of power in contravention of the separation of powers doctrine and therefore is a statutory enactment which the court would sanction as in accord with the court's inherent power to regulate and control the practice of law. Cited Herein: K.S.A. 7-103; 7-104; 7-106; 7-108; 7-109; 7-111; K.S.A. 1995 Supp. 7-121b; K.S.A. 44-510c; 44-521; 44-531; 44-536.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
With one limited and inapplicable exception, Congress has preempted the area of railroad safety including drug testing. Accordingly, state and local law enforcement officials may not conduct drug testing of railroad employees following a grade crossing accident. Cited herein: U.S. Const., art. VI, cl. 2; 45 U.S.C. sec. 421, 434.
Author: Carla J. Stovall Publisher: ISBN: Category : Languages : en Pages :
Book Description
A county sheriff may only charge the $1.00 fee allowed by K.S.A. 28-110 and actual and necessary mileage allowed by K.S.A. 75-3203a when serving subpoenas issued pursuant to K.S.A. 44-714(h). Cited herein: K.S.A. 28-101; 28-110; 44-611; 44-625; 44-714; 75-3203a.
Author: Carla J. Stovall Publisher: ISBN: Category : Languages : en Pages :
Book Description
"Good time credits" are applicable only to persons serving a sentence in the custody of the secretary of corrections upon conviction of a felony. Kansas statutes neither require nor authorize a county to develop a policy regarding good time credits for persons serving a sentence for a third or subsequent driving under the influence conviction. A person serving a sentence for a third or subsequent driving under the influence conviction in a county jail is thus not eligible for "good time credits." In relation to persons convicted of a third or subsequent driving under the influence offense, substantive rights were affected by the 1994 amendments to K.S.A. 1993 Supp. 8-1567 and to K.S.A. 1993 Supp. 21-4704(i). Consequently the 1994 amendments should be applied prospectively, i.e. only to offenses committed after July 1, 1994. To the extent it conflicts with conclusions reached herein, Attorney General Opinion No. 94-161 is withdrawn. Cited herein: K.S.A. 1993 Supp. 8-1567; 21-4704; K.S.A. 1994 Supp. 8-1567; 21-3105; 21-4703; 21-4704; 21-4706; 21-4707; 21-4722; K.A.R. 44-6-146.
Author: Carla J. Stovall
Author: Carla J. Stovall
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: American Bar Association. House of Delegates
Author: Curt Thomas Schneider
Author: Carla J. Stovall
Author: Carla J. Stovall
Author: Robert T. Stephan
Author: Carla J. Stovall
Author: Carla J. Stovall