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Attorney General Opinion No 1986 046
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Book Synopsis Attorney General Opinion No. 1986-046 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1986-046 written by Robert T. Stephan and published by . This book was released on 1986 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Pursuant to the provisions of K.S.A. 26-201, a city may appropriate private property for public purposes when such appropriation is deemed necessary by the city governing body. Accordingly, a city may acquire by condemnation property which includes a burial plot. Additionally, the owner of property condemned under K.S.A. 26-201 may not compel a city to pay the cost of removing and reinterring bodies buried upon property condemned by the city. Cited herein: K.S.A. 26-201, 26-513.
Book Synopsis Attorney General Opinion No. 1987-046 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-046 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: In Kansas, every child has a constitutional and statutory right to attend the public schools, subject to reasonable regulations adopted by the board of education. N̲u̲t̲t̲ ̲v̲.̲ ̲B̲o̲a̲r̲d̲ ̲o̲f̲ ̲E̲d̲u̲c̲a̲t̲i̲o̲n̲, 128 Kan. 507 (1929); Kan. Const., Art. 6, section 5, as amended in 1986. A regulation is "reasonable" if it furthers the educational mission. In our opinion, a regulation which denies a minor child admission to a public school solely because the child has obtained a G.E.D. is not reasonable. However, depending on the facts and circumstances of the particular case, a regulation which delays enrollment for a Certain amount of time or until certain requirements are met may be appropriate. Cited herein: K.S.A. 72-1046; 72-1046a; 72-1107; 72-1111; 72-4530; 72-5209; 72-8201; K.A.R. 1986 Supp. 91-10-1; Kan. Const., Art. 6, sections 1, 5.
Book Synopsis Attorney General Opinion No. 1986-162 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1986-162 written by Robert T. Stephan and published by . This book was released on 1986 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 75-4319(b)(2) authorizes public bodies subject to the Kansas Open Meetings Act (KOMA) to recess into an executive session for the purpose of "consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship ..." The term "consultation" as used in the KOMA necessarily implies the presence of an attorney. Even though a letter from an attorney to his client containing advice is a privileged communication, we must conclude that members of a public body cannot recess into an executive session to review and discuss among themselves a letter from their attorney. Therefore, it is our opinion that the "consultation with an attorney" exception to the open meetings law cannot be invoked unless the attorney for the body is present. Cited herein: K.S.A. 60-426; 75-4317; K.S.A. 1985 Supp. 75-4318(a); K.S.A. 75-4319.
Book Synopsis Attorney General Opinion No. 1986-102 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1986-102 written by Robert T. Stephan and published by . This book was released on 1986 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A contest which requires a person to purchase a newspaper to obtain entry forms to participate constitutes a lottery and is illegal in Kansas. Cited herein: K.S.A. 21-4302.
Book Synopsis Attorney General Opinion No. 1986-156 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1986-156 written by Robert T. Stephan and published by . This book was released on 1986 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Due process does not require a trial d̲e̲ n̲o̲v̲o̲ when a decision to revoke a liquor license is on appeal to the Alcoholic Beverage Control Board of Review, nor does the right to such a d̲e̲ n̲o̲v̲o̲ hearing arise from statutory or case law. Cited herein: K.S.A. 1985 Supp. 41-320; 41-321, as amended by L. 1986, ch. 318, section 46; K.A.R. 13-2-11; 13-2-13; 14-16-3.
Book Synopsis Attorney General Opinion No. 1988-046 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1988-046 written by Robert T. Stephan and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The local residential housing act, K.S.A. 12-5219 e̲t̲ s̲e̲q̲., does not through its provisions authorize participation in a mortgage credit certificate program as established by section 25 of the Internal Revenue Code of 1986, as amended. Neither does the local residential housing act preclude participation in a mortgage credit program. Kansas cities may, therefore, by the exercise of their constitutional powers of home rule as provided in Article 12, Section 5 of the Kansas Constitution, join in a mortgage credit program of the type organized by Geary County and Riley County. Cited herein: K.S.A. 1987 Supp. 12-5219 to 12-5235; Kan. Const., Art. 12, Sec. 5.
Book Synopsis Attorney General Opinion No. 1995-046 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1995-046 written by Carla J. Stovall and published by . This book was released on 1995 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The term "counsel" as used in K.S.A. 72-5453 includes an attorney or lawyer. Cited herein: K.S.A. 72-5451; 72-5453.
Book Synopsis Attorney General Opinion No. 1986-059 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1986-059 written by Robert T. Stephan and published by . This book was released on 1986 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Kansas laws pertaining to driving under the influence of alcohol allow conviction when the accused's blood or breath alcohol test (BAT) registers less than .10 as long as other supporting evidence is available. A conviction under a similar statute in another state may be considered for sentencing purposes. Cited herein: K.S.A. 1985 Supp. 8-1005; 8-1567.
Book Synopsis Attorney General Opinion No. 1986-041 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1986-041 written by Robert T. Stephan and published by . This book was released on 1986 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A director of a rural water district may be employed by the district in a position which does not involve an exercise of the sovereign power of the district. Neither K.S.A. 75-4304, relating to conflicts of interests, nor the common law doctrine of incompatibility of offices would preclude such employment. Cited herein K.S.A. 75-4303a; 75-4304.
Author :American Bar Association. House of Delegates Publisher :American Bar Association ISBN 13 :9781590318737 Total Pages :216 pages Book Rating :4.3/5 (187 download)
Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Attorney General Opinion No. 1978-046 by : Curt Thomas Schneider
Download or read book Attorney General Opinion No. 1978-046 written by Curt Thomas Schneider and published by . This book was released on 1978 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Abstracters are categorically subject to public inspection provisions found at K.S.A. 59-214, and are subject to same restrictions as are other members of public under restrictions regarding access to records in custody of district court or treatment facility of patients or former patients as provided in K.S.A. 59-2931.
Book Synopsis Attorney General Opinion No. 1986-138 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1986-138 written by Robert T. Stephan and published by . This book was released on 1986 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Under its police power, a state may reimburse itself for the cost of regulating and supervising a business by assessing the necessary expenses to the business which created the necessity for such regulation and supervision. Use of conservation fee fund monies for the prevention and cleanup of pollution from oil and gas activities regulated by the state corporation commission is sufficiently related to the regulatory function to make its use for such purposes a valid exercise of the police power. The conservation fee fund may be used to fund the study and cleanup of oil and gas pollution pursuant to section 37 of 1986 House Bill No. 3078 (K.S.A. 55-143, as amended by 1986, ch. 201, section 37), to the extent that such study and cleanup are reasonably related to those activities of the oil and gas industry which are regulated by the commission. Use of the conservation fee fund by the state corporation commission for those oil and gas activities it does not regulate (as authorized by K.S.A. 55-143, as amended by L. 1986, ch. 201, section 37, which references subsection (a)(2)(A)-of K.S.A. 65-171d, as amended by L. 1986, ch. 201. section 22), is contrary to the findings of the Kansas Supreme Court in P̲a̲n̲h̲a̲n̲d̲l̲e̲ ̲E̲a̲s̲t̲e̲r̲n̲ ̲P̲i̲p̲e̲l̲i̲n̲e̲ ̲v̲.̲ ̲F̲a̲d̲e̲l̲e̲y̲. Such use exacts revenue from the oil and gas industry under the guise of a regulatory fee in violation of article 11, section 1 of the Kansas Constitution, and the commerce clause and the Fourteenth Amendment of the United State Constitution. Cited herein: Kans. Const., Art. 11, section 1; U.S. Const., Fourteenth Amendment; K.S.A. 55-131; 55-143; 65-171d, as amended by L. 1986, ch. 33, section 10(f); L. 1986, ch. 201, sections 1, 2, 10, 17, 22, 28, 37, 39 and 40; and K.A.R. 28-41-1.
Book Synopsis Attorney General Opinion No. 1986-130 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1986-130 written by Robert T. Stephan and published by . This book was released on 1986 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 1985 Supp. 21-4602, as amended by L. 1986, ch. 123, provides that the court retains jurisdiction over a person assigned to community corrections. Cited herein: K.S.A. 1985 Supp. 21-4602, as amended by L. 1986, ch. 123, section 5.
Book Synopsis Attorney General Opinion No. 1986-166 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1986-166 written by Robert T. Stephan and published by . This book was released on 1986 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "K.S.A. 1985 Supp. 19-805(b) authorizes a sheriff, in his or her discretion, to require staff attendance at meetings and seminars which the sheriff determines to be beneficial to the operation of the office, within the limits of the sheriff's budget as approved by the county commissioners. In view of the discretionary nature of the activity, the expenditures authorized under subsection (b) are subject to the general rule that the authority and responsibility for county expenditures is vested in the board of county commissioners. A policy of "shared discretion" could effectively reconcile the interests of the sheriff and the commissioners in regard to this statute, if the commissioners would approve a specific sum in the sheriff's budget each year to be expended for attendance at meetings and seminars. In this way, the sheriff could exercise his or her authority under the statute within the limits of the approved budget without seeking prior approval from the commissioners. Cited herein: K.S.A. 19-212; 19-229; K.S.A. 1985 Supp. 19-805; 74-5607a."
Book Synopsis Attorney General Opinion No. 1986-115 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1986-115 written by Robert T. Stephan and published by . This book was released on 1986 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Discounts for cash purchases offered by oil companies are not proscribed by L. 1986, ch. 90, section 2 when such discounts are offered to all prospective buyers, the availability of the discount is clearly and conspicuously disclosed and the discount is subtracted from the regular price. Cited herein: 15 U.S.C. section 1666f(b) (1982); K.S.A. 16a-1-101(2); 16a-1-102; K.S.A. 1985 Supp. 16a-2-401, as amended by L. 1986, ch. 90, section 2.
Book Synopsis Attorney General Opinion No. 1986-011 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1986-011 written by Robert T. Stephan and published by . This book was released on 1986 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: No conflict exists between Kansas and federal statutes regarding the distribution of money obtained from forfeiture of property in cases involving controlled substances. The state forfeiture statute is not applicable to cases brought in federal court; rather, the federal provisions apply. Cited herein: K.S.A. 65-4135, 21 U.S.C. section 881.
Book Synopsis Attorney General Opinion No. 1986-152 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1986-152 written by Robert T. Stephan and published by . This book was released on 1986 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The United States Environmental Protection Agency allows for the use of a parent corporate guarantee as an additional financial responsibility mechanism for subsidiary owners and operators of hazardous waste facilities to comply with the third-party liability requirements of 40 C.F.R. sections 264.147 and 265.147. Regardless whether this guarantee is defined as "insurance," it is enforceable against the parent company. Cited herein: K.S.A. 1985 Supp. 40-2702; K.A.R. 28-31-8; 40 C.F.R. sections 264.147; 265.147.
