Attorney General Opinion No 1983 179

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Attorney General Opinion No. 1983-179

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (863 download)

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Book Synopsis Attorney General Opinion No. 1983-179 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1983-179 written by Robert T. Stephan and published by . This book was released on 1983 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The title to property designated as a "public square" in a plat, filed and recorded pursuant to K.S.A. 12-401 et seq., vests in the county forever, to be held in trust for the public. There are no statutes authorizing the county to vacate such property absent a request from a city governing body or adjoining landowners. Cited herein: K.S.A. 12-401, 12-403, 12-406, 12-411, 12-504, K.S.A. 1982 Supp. 58-2613, K.S.A. 58-2615.

Attorney General Opinion No. 1983-175

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (863 download)

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Book Synopsis Attorney General Opinion No. 1983-175 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1983-175 written by Robert T. Stephan and published by . This book was released on 1983 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 1982 Supp. 79-201k, which exempts aircraft used actually, regularly and exclusively in business or industry from property or ad valorem taxes, is not unconstitutional as a matter of law on the ground that the law lacks a rational basis. Cited herein: K.S.A. 1982 Supp. 79-201k, Kan. Const., Bill of Rights section 1, U.S. Const., Amend. XIV.

Attorney General Opinion No. 1983-035

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (861 download)

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Book Synopsis Attorney General Opinion No. 1983-035 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1983-035 written by Robert T. Stephan and published by . This book was released on 1983 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Pursuant to K.S.A. 1982 Supp. 79-3425, there is a daily transfer to the highway fund of 69.23% of certain revenues accruing to the state freeway fund. The legislature clearly intends that proceeds of the various motor fuel taxes credited to said fund be subject to such transfer, but it is difficult to discern from the pertinent statutory provisions whether the legislature intends that a similar transfer be made of moneys representing interest on the highway fund that are credited to the state freeway fund pursuant to K.S.A. 1982 Supp. 68-2313. However, because the state officers charged with the administration and implementation of the relevant statutory provisions have consistently construed such provisions as precluding the daily transfer of highway fund interest moneys from the freeway fund to the highway fund, such interpretation is not only entitled to great weight, but is controlling, in light of the legislature's continued acquiescence in such interpretation. Cited herein: K.S.A. 68-2301, K.S.A. 1982 Supp. 68-2304, K.S.A. 68-2306, K.S.A. 1982 Supp. 68-2313, 79-3401, 79-3425, K.S.A. 79-3474, K.S.A. 1982 Supp. 79-3487, K.S.A. 79-3490, K.S.A. 1982 Supp. 79-34,104, L. 1979, ch. 323, section 3.

Attorney General Opinion No. 1983-063

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (862 download)

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Book Synopsis Attorney General Opinion No. 1983-063 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1983-063 written by Robert T. Stephan and published by . This book was released on 1983 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Attorney General Opinion No. 1983-124

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (862 download)

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Book Synopsis Attorney General Opinion No. 1983-124 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1983-124 written by Robert T. Stephan and published by . This book was released on 1983 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Utility services such as electricity, gas and water, provided solely by municipally owned or public utilities to their customers, are constitutionally protected property rights which cannot be terminated unless due process procedures of notice and the opportunity to be heard have been met. Cited herein: Fourteenth Amendment, U.S. Constitution.

Attorney General Opinion No. 1983-178

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
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Book Synopsis Attorney General Opinion No. 1983-178 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1983-178 written by Robert T. Stephan and published by . This book was released on 1983 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Attorney General Opinion No. 1983-071

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (862 download)

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Book Synopsis Attorney General Opinion No. 1983-071 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1983-071 written by Robert T. Stephan and published by . This book was released on 1983 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Pursuant to K.S.A. 79-405 and 79-406, a county clerk has the duty to execute a plat of any subdivision or lot when such is owned by two or more persons and the legal description of the property is insufficient for purposes of assessment and taxation. Upon completion, such plat is to be filed for record with the register of deeds, and thereafter has the same effect as a plat executed and filed by the owner or owners of property. However, in the event that real estate taxes are due and owing on property platted by a county clerk pursuant to the above-referenced statutes, K.S.A. 19-1207 proscribes the register of deeds from recording the plat until taxes on the property are paid. In the case where a clerk has prepared a plat but taxes remain unpaid, the plat may not be filed due to K.S.A. 19-1207, but may be used only for the purposes originally intended, i.̲e̲.̲, assessment and taxation. Cited herein: K.S.A. 19-1207, 79-405, 79-406, K.S.A. 1982 Supp. 79-408, 79-1803.

Attorney General Opinion No. 1983-186

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (863 download)

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Book Synopsis Attorney General Opinion No. 1983-186 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1983-186 written by Robert T. Stephan and published by . This book was released on 1983 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: For purposes of civil proceedings under the Code for Care of Children, the legislature defined types of behavior which would constitute sexual abuse by reference to sex offenses in the criminal code, however, it did not thereby intend to adopt a criminal definition of sexual abuse. Thus, while certain acts described as sex offenses in the criminal statutes may not be punishable crimes if committed with a child age 16 years or older; those same acts may constitute abuse of that child under the definition of that term in the Code for Care of Children. Cited herein: K.S.A. 21-3501, 21-3503, 21-3504 as amended by L. 1983, ch. 109; 21-3509, 21-3510, 21-3511, 21-3516, K.S.A. 1982 Supp. 38-1502 as amended by L. 1983, ch. 140, 42 U.S.C. sections 5102, 5104, 45 C.F.R. section 1340.2, 1340.14, 48 Fed. Reg. 3698 (January 26, 1983).

Attorney General Opinion No. 1983-167

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (863 download)

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Book Synopsis Attorney General Opinion No. 1983-167 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1983-167 written by Robert T. Stephan and published by . This book was released on 1983 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Kansas is a member state in the Interstate Compact on Mental Health by the terms of K.S.A. 65-3101, which incorporate the compact into Kansas statutes. Part of the compact concerns the escape of dangerous or potentially dangerous patients from institutions in any state party to the compact. Upon the capture and identification of such patients, they are to be detained until they can be returned to the state in which they were committed. In this specific circumstance, the provisions of K.S.A. 59-2901 et seq., relating to orders for protective custody and commitment, do not apply, and the patient may be held without such proceedings prior to return to the state from which he escaped. Cited herein: K.S.A. 1982 Supp. 59-2902, K.S.A. 59-2904, K.S.A. 1982 Supp. 59-2905, 59-2908, 59-2909, 59-2912, K.S.A. 59-2917, 65-3101.

Attorney General Opinion No. 1983-116

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (862 download)

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Book Synopsis Attorney General Opinion No. 1983-116 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1983-116 written by Robert T. Stephan and published by . This book was released on 1983 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Section 4(d) of 1983 House Bill No. 2327 (L. 1983, ch. 171), the new Kansas Open Records Act, provides that each request for access shall be acted upon as soon as possible, but not later than three business days following receipt of the request. Only if the request cannot be met within this time must the custodian of the records provide an explanation of the cause for further delay. In addition, the phrases "provide access to" and "permit inspection of" are used interchangeably throughout the bill, and may accordingly be treated as synonymous for purposes of interpretation. Both phrases concern the right of the public to examine public records, and so are different than the right to make copies. Cited herein: L. 1983, Ch. 171.

Attorney General Opinion No. 1983-069

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (862 download)

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Book Synopsis Attorney General Opinion No. 1983-069 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1983-069 written by Robert T. Stephan and published by . This book was released on 1983 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 68-515b provides that a board of county commissioners shall, upon the filing of a petition containing the requisite number of signatures, adopt the county road unit system. Any qualified elector may sign the petition, regardless of the location of his or her residence within the county. While county road employees are not barred by statute from assisting in the circulation of such a petition, they may not use public time or equipment in so doing. Cited herein: K.S.A. 46-236, 68-506, 68-515b, 68-516, 68-516c, 68-526, 68-5,100, K.S.A. 1982 Supp. 79-1947, U.S. Const., First Amend.

Attorney General Opinion No. 1983-025

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (858 download)

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Book Synopsis Attorney General Opinion No. 1983-025 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1983-025 written by Robert T. Stephan and published by . This book was released on 1983 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 82a-1316 provides that any contract for the withdrawal of water held in conservation storage by the state may be amended by written agreement of the parties, provided that such amendment does not affect the rate per unit of water or the minimum charge payable each year. Provisions specifying the point of withdrawal of water, however, may be amended so as to change the reservoir named in the contract. Such an amendment must, in order to have effect, be transmitted to and approved by the legislature in the same manner as water purchase contracts. Cited herein: K.S.A. 19-3435, 82a-1301, K.S.A. 1982 Supp. 82a-1307, K.S.A. 82a-1316, L. 1976, ch. 441, section 4, L. 1982, ch. 438, section 1.

Attorney General Opinion No. 1983-016

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (858 download)

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Book Synopsis Attorney General Opinion No. 1983-016 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1983-016 written by Robert T. Stephan and published by . This book was released on 1983 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The filing deadline for all city elections (in the absence of a charter ordinance providing otherwise) is 12:00 o'clock noon of the Tuesday preceding by 10 weeks the first Tuesday in April. Said deadline is mandatory, and the only recourse for a candidate, who was prevented from filing for a city office because of the failure of the city clerk to keep his or her office open until 12:00 o'clock noon on the prescribed date, is to seek relief from a court of law. Cited herein: K.S.A. 25-2109, as amended by L. 1982, ch. 157, section 6.

Attorney General Opinion No. 1983-091

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (862 download)

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Book Synopsis Attorney General Opinion No. 1983-091 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1983-091 written by Robert T. Stephan and published by . This book was released on 1983 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The United States Congress has the constitutional power to establish and control legal currency and specifically has determined that Federal reserve notes are legal tender for all debts, public charges, taxes and dues. Cited herein: 31 U.S.C. 371 (repealed), 31 U.S.C. sections 5101, 5103, U.S. Const. Art. 1, sections 8, 10.

Attorney General Opinion No. 1983-131

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (862 download)

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Book Synopsis Attorney General Opinion No. 1983-131 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1983-131 written by Robert T. Stephan and published by . This book was released on 1983 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A newspaper may refuse to accept for publication any advertisement which is presented to it without a violation of the First or Fourteenth Amendments to the United States Constitution, except in those situations where a clear restraint of trade results or some other protected right is infringed. A newspaper may accordingly refuse to publish any individual advertisement or class of advertisements for businesses such as massage parlors. Should such advertisements be accepted for publication, a newspaper would not be engaging in any activity which is included in the criminal offense of promoting prostitution (K.S.A. 21-3513), which, as a penal statute, must be narrowly construed. Cited herein: K.S.A. 21-3513, U.S. Const., Amend. I, and Amend. XIV.

Attorney General Opinion No. 1983-021

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (858 download)

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Book Synopsis Attorney General Opinion No. 1983-021 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1983-021 written by Robert T. Stephan and published by . This book was released on 1983 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The Kansas Water Office, as the successor to the authority of the Kansas Water Resources Board, may enter into agreements with the federal government by which water may be held in storage by the state in projects constructed by agencies of the federal government. As provided by K.S.A. 1982 Supp. 82a-934, such agreements are binding upon the state to the extent that future appropriations are made in support thereof. While no applicable sections of the Kansas Constitution limit the period of time an appropriation may extend, K.S.A. 46-155 imposes a limit of at most four years for capitol improvement appropriations. As no exception has been made for water storage agreements, the Kansas Water Office is without authority to make agreements which do not contain the limiting language provided by K.S.A. 1982 Supp. 82a-934. However, as this statute does authorize the Water Office to reimburse the federal government for damages resulting from the use of, or a release from, water storage, it may agree to language which states this in a contract. Cited herein: K.S.A. 40-3405, 46-155, K.S.A. 1982 Supp. 75-4704b, 82a-934, Kan. Const., Art. 2, section 24, Art. 11, sections 6,7,9, 42 U.S.C.A. section 1962d-5b.

Attorney General Opinion No. 1983-134

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (863 download)

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Book Synopsis Attorney General Opinion No. 1983-134 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1983-134 written by Robert T. Stephan and published by . This book was released on 1983 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Neither the Kansas Constitution nor current statutes preclude investments by the Kansas Public Employees Retirement System or the State Pooled Money Investment Board in banks or corporations doing business with, or having investments in, the country of South Africa. Until both the Kansas legislature and the governor approve legislation to limit such investments, these public agencies are free to make otherwise prudent investments. Cited herein: K.S.A. 17-5004, 44-1001, 44-1002, 44-1009, 44-1015, 44-1016, 44-1017, 44-1027, 74-4901, K.S.A. 1982 Supp. 74-4909, K.S.A. 74-4921, K.S.A. 1982 Supp. 75-4221a, K.S.A. 75-4254, 1982 Senate Resolution No. 1874, 1983 House Resolution No. 6056, 1983 House Resolution No. 6055, Kan. Const., Art. 2, section 20, U.S. Const., Art. VI, Cl. 2.