Attorney General Opinion No. 1981-273

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Book Synopsis Attorney General Opinion No. 1981-273 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1981-273 written by Robert T. Stephan and published by . This book was released on 1981 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Pursuant to the provisions of certain statutes whereby cities may undertake work on private property and assess the cost thereof against the property, a city may assess only actual costs incurred by the city. A city may not, under said statutes, assess a purely arbitrary amount which purports to represent administrative and publication costs incurred by the city. However, where a city may demonstrably measure the administrative costs and publication costs attributable to a specific work project, said costs may be assessed against the property. Cited herein: K.S.A. 12-1617e, 12-1617f, 12-1755, 17-4759; L. 1981, Ch. 173, section 54.

Attorney General Opinion No. 1981-173

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Book Synopsis Attorney General Opinion No. 1981-173 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1981-173 written by Robert T. Stephan and published by . This book was released on 1981 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Since state law has not determined whether greyhound operations, i.e., raising, breeding and training greyhounds to be sold for racing purposes, constitute "agriculture" for zoning purposes, a county may establish its own zoning classification pursuant to its zoning authority. Feedlots are properly classified as agricultural pursuits for zoning purposes and, thus, are not subject to county zoning regulations. Cited herein: K.S.A. 14-1402, 19-2901 (as amended by L.1981, ch. 122, section 1), 19-2908, 19-2913, 19-2914, 19-2926, 19-2927, 47-414, 47-1501, and 79-1301.

Attorney General Opinion No. 1981-252

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Book Synopsis Attorney General Opinion No. 1981-252 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1981-252 written by Robert T. Stephan and published by . This book was released on 1981 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The initial determination, by a city, to adopt one of two alternative flood control projects, is legislative in nature, and is a proper subject of an initiative petition under the provisions of K.S.A. 1980 Supp. 12-3013, as amended by Section 31 of Chapter 173 of the 1981 Session Laws of Kansas. However, a proposed ordinance, which is submitted to a city governing body under the initiative and referendum statute, may not include provisions which are administrative in nature, or provisions which conflict with applicable state statutes. Where a proposed ordinance contains such provisions, it is not subject to the initiative and referendum process. Cited herein: K.S.A. 12-635, 12-636, 12-644, 12-645, 12-3013; L. 1981, Ch. 173, Section 31; Kan. Const., Art. 12, Section 5(c).

Attorney General Opinion No. 1981-233

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Book Synopsis Attorney General Opinion No. 1981-233 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1981-233 written by Robert T. Stephan and published by . This book was released on 1981 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Where several governmental entities have constructed a building for their joint use under an interlocal agreement, and each such entity has authority to establish its own building fund to provide for the replacement of the roof on such building, the agreement may be amended to establish a joint building fund for such purpose. However, where each party to the agreement has discretionary investment powers regarding moneys in its own fund which differ from those of the other parties, the creation of a joint fund and the investment of moneys therein may constitute an improper delegation of each party's separate authority. Such problem may be avoided if each party establishes its own building fund and the interlocal agreement amended to require that moneys in these respective funds be turned over to the administrative entity created by the agreement when needed. Cited herein: K.S.A. 12-1675, 12-1736, 12-1737 (as amended by L. 1981, ch. 173, section 23), 12-2901, K.S.A. 1980 Supp. 12-2904, K.S.A. 19-15,114, 19-15,115, K.S.A. 1980 Supp. 19-15,116, K.S.A. 72-8801 (as amended by L. 1981, ch. 286, section 2), 72-8804 (as amended by L. 1981, ch. 286, section 23), 79-2934.

Attorney General Opinion No. 1982-173

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Book Synopsis Attorney General Opinion No. 1982-173 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1982-173 written by Robert T. Stephan and published by . This book was released on 1982 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A watershed district organized pursuant to K.S.A. 24-1201 e̲t̲ s̲e̲q̲., is governed by a board of directors selected under K.S.A. 24-1211. An individual member of such a board is immune from personal liability for injuries to private individuals resulting as a consequence of his or her official acts. Cited herein: K.S.A. 24-1209, 24-1211, K.S.A. 1981 Supp. 75-6101.

Attorney General Opinion No. 1982-059

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Book Synopsis Attorney General Opinion No. 1982-059 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1982-059 written by Robert T. Stephan and published by . This book was released on 1982 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Under the provisions of K.S.A. 1981 Supp. 79-5106 and K.S.A. 8-173, a taxpayer may not register a motor vehicle or motor vehicles owned by such taxpayer unless the taxpayer has paid taxes due on the motor vehicle under Article 51 of Chapter 79 of the Kansas Statutes Annotated a̲n̲d̲ a̲l̲l̲ personal property taxes levied against such taxpayer for the preceding year, except that, if the application for registration or reregistration is made before June 21, then the taxpayer must have paid only one-half of all the personal property taxes levied against the person in the preceding year. Cited herein: K.S.A. 8-173, K.S.A. 1981 Supp. 79-5106.

Attorney General Opinion No. 1981-044

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Book Synopsis Attorney General Opinion No. 1981-044 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1981-044 written by Robert T. Stephan and published by . This book was released on 1981 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Attorney General Opinion No. 1981-123

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Book Synopsis Attorney General Opinion No. 1981-123 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1981-123 written by Robert T. Stephan and published by . This book was released on 1981 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Section 2(a) of Ordinance No. 957 of the city of Osage City, which section requires, as a precondition to the location of a single wide mobile home within the city limits, the "consent of all ascertainable property owners within 300 feet of the property," constitutes an unlawful delegation of legislative power, and violates the due process clause of the Fourteenth Amendment to the Federal Constitution. Cited herein: K.S.A. 75-1218; U.S. Const., 14th Amend.

Attorney General Opinion No. 1981-187

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Book Synopsis Attorney General Opinion No. 1981-187 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1981-187 written by Robert T. Stephan and published by . This book was released on 1981 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: In determining the assessment of real property under K.S.A. 79-417, the county clerk should seek assistance from the county appraiser. It is the date upon which the county clerk discovers that real property has been omitted from the assessment and tax rolls that determines upon which year's assessment and tax rolls the property is to be placed. If the discovery is made on or after November 1 and prior to January 1, the property is to be placed on the assessment and tax rolls of the next tax year. If the discovery is made on or after January 1 and prior to November 1, the property is to be placed on the assessment and tax rolls of the current tax year. Cited herein: K.S.A. 19-430, 19-432, 79-408, 79-417, 79-1412a, S̲e̲c̲o̲n̲d̲, E̲i̲g̲h̲t̲h̲, 79-1801, as amended by L. 1981, ch. 380, section 2, 79-1803, as amended by L. 1981, ch. 379, section 2, 79-1804, 79-2001, as amended by L. 1981, ch. 173, section 78, K.S.A. 1980 Supp. 79-2004.

Attorney General Opinion No. 1981-106

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Book Synopsis Attorney General Opinion No. 1981-106 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1981-106 written by Robert T. Stephan and published by . This book was released on 1981 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The provisions of the Kansas Open Meetings Law preclude the election of the acting president of the City Council of Merriam by secret ballot. Cited herein: K.S.A. 1980 Supp. 75-4318.

Attorney General Opinion No. 1981-164

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Book Synopsis Attorney General Opinion No. 1981-164 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1981-164 written by Robert T. Stephan and published by . This book was released on 1981 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Neither the provisions of K.S.A. 1980 Supp. 19-1803, nor the common law doctrine of incompatibility of offices, precludes a person from concurrently serving on the board of trustees of a county hospital and on the board of education of a local school district. Cited herein: K.S.A. 1980 Supp. 19-1803.

Attorney General Opinion No. 1981-071

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Book Synopsis Attorney General Opinion No. 1981-071 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1981-071 written by Robert T. Stephan and published by . This book was released on 1981 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A county election officer has no authority to determine the sufficiency of the question stated in the petition for elections but such officer may find a petition insufficient for failure to include an individual date line for each petitioner signing. Cited herein: K.S.A. 25-3601, K.S.A. 1980 Supp. 25-3602, Kan. Const., Art. 12, section 5.

Attorney General Opinion No. 1981-222

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Book Synopsis Attorney General Opinion No. 1981-222 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1981-222 written by Robert T. Stephan and published by . This book was released on 1981 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: For criminal conduct which the State has declared to constitute a felony, municipalities may not exercise concurrent jurisdiction by redefining such offense as a misdemeanor in violation of municipal ordinance. Cited herein: K.S.A. 21-3707, 21-3102, 21-3108, K.S.A. 1980 Supp. 12-4104, 22-2601.

Attorney General Opinion No. 1981-108

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Book Synopsis Attorney General Opinion No. 1981-108 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1981-108 written by Robert T. Stephan and published by . This book was released on 1981 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Pursuant to K.S.A. 9-1403, the designation of a specific "period of peak deposits" is permissible only where such period occurs at "tax paying time" or "tax distributing time." Cited herein: K.S.A. 1980 Supp. 9-1402, K.S.A. 9-1403, K.S.A. 1980 Supp. 12-1678a, and 1981 House Bill No. 2235.

Attorney General Opinion No. 1981-066

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Book Synopsis Attorney General Opinion No. 1981-066 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1981-066 written by Robert T. Stephan and published by . This book was released on 1981 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The statutory requirements for the execution of deeds and other instruments for the conveyance of a corporation's real property or an interest therein are prescribed by K.S.A. 17-6003(g). As long as there is compliance with such requirements, provisions in the corporation's bylaws requiring execution of such instruments by officers of the corporation in addition to those specified in said statute are permissible. However, failure to comply with these bylaw requirements does not, as a general rule, affect the validity of a conveyance made in compliance with the statutory requirements. Cited herein: K.S.A. 17-6003, K.S.A. 1980 Supp. 17-6009, G.S. 1868, ch. 23, section 38.

Attorney General Opinion No. 1981-081

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Book Synopsis Attorney General Opinion No. 1981-081 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1981-081 written by Robert T. Stephan and published by . This book was released on 1981 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 19-723, which authorizes the board of county commissioners to employ an additional attorney to assist the county attorney, involves a discretionary power held by the board and does not mandate such special assistant be employed. Cited herein: K.S.A. 19-723, G.S. 1949, 19-718.

Attorney General Opinion No. 1981-003

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Book Synopsis Attorney General Opinion No. 1981-003 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1981-003 written by Robert T. Stephan and published by . This book was released on 1981 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 1979 Supp. 38-717 imposes a duty on specified classes of persons involved in medical or health-related professions to report suspected cases of physical or mental abuse or neglect which involve children under the age of 18 whom they have examined, attended or treated. The statutory duty would not be imposed in the case where information regarding the suspected abuse was obtained from an indirect source (i.̲e̲.̲ a parent or other individual), although the statute does make reporting in such situations discretionary. However, a failure to act, even in situations made discretionary by statute, could create the potential for liability in tort should further injury result. Cited herein: K.S.A. 1979 Supp. 38-716, 38-717.