Author : Carla J. Stovall
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (748 download)
Book Synopsis Attorney General Opinion No. 1998-006 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1998-006 written by Carla J. Stovall and published by . This book was released on 1998 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 1997 Supp. 58-3212 imposes requirements on the responsible party of a recreational trail which is created pursuant to subsection (d) of 16 U.S.C. section 1247 (1983). For purposes of K.S.A. 1997 Supp. 58-3212, what constitutes a fire hazard is a question of fact which should be determined by the Fire Marshal and dealt with accordingly; a city who is the responsible party may meet its requirement to provide litter control and law enforcement by designating a county and county sheriff to comply with the duties; whether a landowner is entitled to a crossing depends on the use of the adjacent property and what is reasonably necessary depends on the facts; a responsible party may maintain an existing fence in due condition and if not repairable, the fence is not an existing fence; the responsible party's duty to pay one half of the cost of a installing a fence cannot be enforced without the property owner's contracting with a fencing company, however, there is no requirement that the landowner pay all the costs up front; and the provision cannot be modified to authorize a city to annex any part of the trail. Additionally, the statutory language and purposes of K.S.A. 1997 Supp. 58-3215 indicate that the Legislature intended to leave the question of an implied private cause of action for judicial interpretation if the remedy provided in the statute is ineffective; having made the finding of an ineffecttive remedy, a private cause of action is an appropriate remedy for adjacent landowners. Cited herein: K.S.A. 31-132; 31-143; K.S.A. 1997 Supp. 58-3211; 58-3212; 58-3215; 16 U.S.C. section 1247.
