Download or read book Attorney General Opinion No 1998 010 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: The Takings Clause of the Fifth Amendment to the United States Constitution prohibits the government from taking private property for public use without just compensation. A moratorium on new water pollution control permits for new confined feeding facilities would not effect a compensable taking pursuant to the per se category of invasive takings which are those governmental regulations that compel the property owner to suffer a physical invasion of his property. Nor does it appear that a moratorium on new water pollution control permits for new confined feeding facilities would constitute a compensable taking pursuant to the per se category of economic takings which are those governmental regulations that ban all economically beneficial uses of land. Whether such a moratorium would result in a compensable taking for failure to substantially advance a legitimate state interest depends on (1) the nature of the governmental action, (2) the severity of the economic impact on the affected property owner and (3) the degree of interference with the affected property owner's reasonable investment-backed expectations. Cited herein: U.S. Const., Amends. V and XIV; K.S.A. 1997 Supp. 65-171d; K.A.R. 28-18-2; 28-18-3.
Download or read book Attorney General Opinion No 1998 013 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: Upon entering into a trust agreement which obligates Decatur County to make payments over a forty-year period, in order to comply with the cash-basis law the County should have on hand in its treasury the entire aggregate amount due over the forty-year period, unless the agreement is authorized by the electors of Decatur County. The current Board of County Commissioners of Decatur County may bind future Boards of County Commissioners by entering into a trust agreement as long as such agreement complies with the cash-basis law and any other applicable laws. Cited herein: K.S.A. 1997 Supp. 10-1101; K.S.A. 10-1113; 10-1116; 10-1116a; 10-1116b; K.S.A. 1997 Supp. 10-1116c; K.A.R. 26-29-98.
Download or read book Attorney General Opinion No 1999 010 written by Carla J. Stovall and published by . This book was released on 1999 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The provisions of 1999 Senate Bill No. 288 do not violate the Free Speech Clause of the First Amendment to the United States Constitution or Section 11 of the Bill of Rights of the Kansas Constitution, nor do they violate the Equal Protection Clauses of the United States and Kansas Constitutions. Cited herein: 1999 Senate Bill No. 288; Kan. Const., Bill of Rights, sections 1, 2, 11; U.S. Const., Amend. 1, 14.
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.
Download or read book Attorney General Opinion No 1995 010 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: A city may barricade a portion of a street without infringing upon certain property owners' rights of access if such property owners continue to have access to streets that abut their property.
Download or read book Attorney General Opinion No 1998 044 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: The pursuit of a "common calling," the right to practice one's chosen profession, is a fundamental privilege protected by of Article IV, Section 2 of the United States Constitution, commonly referred to as the Privileges and Immunities Clause. The ability to engage in business as a pawnbroker or precious metal dealer is as much a "common calling" as any other occupation or profession and is thus a protected privilege under the Clause. In the absence of any known substantial rationale to justify Kansas residency for persons who wish to engage in business as a pawnbroker or precious metal dealer, the Kansas statutory provisions which establish such a requirement are found to violate Article IV, Section 2 of the United States Constitution. Cited herein: K.S.A. 16-708. U.S. Const., Art. 4, section 8.
Download or read book Attorney General Opinion No 1990 010 written by Robert T. Stephan and published by . This book was released on 1990 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Past decisions of the Kansas Supreme Court and the broad deference allowed to state legislatures in tax matters by the United States Supreme Court lead to our conclusion that the classifications embodied in article 11, section 1 of the Kansas Constitution are not violative of the equal protection clause of the 14th Amendment to the United States Constitution. We must presume the validity of these classifications and cannot say that a rational basis for such classifications does not exist. Cited herein: K.S.A. 79-501; 79-503a; 79-1439; Kan. Const., Art. 11, section 1; L. 1923, ch. 255, section 1.
Download or read book Attorney General Opinion No 1998 028 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: Under K.S.A. 47-632, the Livestock Commissioner does not have a statutory responsibility to indemnify the owner of an individual domestic animal, except for a bovine, which the Commissioner condemns due to the animal being affected with tuberculosis. By contrast, K.S.A. 47-633a applies when an entire herd of domestic animals, as defined, is condemned by the Livestock Commissioner because tuberculosis has been diagnosed in any animal within the herd. In that event the Livestock Commissioner is required to indemnify the herd owner based on an established formula for animals in the condemned herd regardless of type, although maximum amounts are set for bovines. Thus the Livestock Commissioner does not have a statutory responsibility to indemnify the owner of individual elk which the Commissioner may condemn due to the animal being affected with tuberculosis, but does have such responsibility if an entire herd of elk are condemned. Cited herein: K.S.A. 47-632; 47-633a; K.S.A. 1997 Supp. 47-635; K.A.R. 9-29-1; L. 1911, Ch. 312, section 23; L. 1911, Ch. 322, section 26; L. 1945, Ch. 230, section 1; L. 1969, Ch. 259, section 1; L. 1969, Ch. 259, section 2; L. 1978, Ch. 206, section 1; L. 1978, Ch. 206, section 2; L. 1993, Ch. 143, section 11; L. 1994, Ch. 79, section 4; L. 1996, Ch. 90, section 7.
Download or read book Attorney General Opinion No 1998 050 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: 1998 House Bill No. 2724 (L. 1998, Ch. 141, section 1) amends K.S.A. 1997 Supp. 65-1423(h)(5), dealing with the requirements which must be met before coronal scaling and coronal polishing may be performed by an unlicensed individual. The anatomical and procedural terms used in the statute, such as coronal polish and coronal scale, may be defined by the Kansas Dental Board through rules and regulations. The statute provides two exceptions to the prohibition against an unlicensed person performing any part of a prophylaxis: under the direct supervision of a dentist, an unlicensed person may coronal polish teeth, as defined by the Kansas Dental Board, and under the direct supervision of a dentist, an unlicensed person may coronal scale teeth above the gum line if the person meets the requisite training and experience approved by the Kansas Dental Board, the procedure is performed before July 1, 2001 and the patient is not under general or local anesthesia. The statute does not require dental assistants (or any other unlicensed individual) to obtain licensure; however, dental assistants are subject to the prohibitions and requirements of K.S.A. 1997 Supp. 65-1423, as amended, and in that sense are regulated by the Kansas Dental Board, the agency charged with the statute's enforcement. Cited herein: K.S.A. 1997 Supp. 65-1423, as amended by L. 1998, Ch. 141, section 1; K.S.A. 1997 Supp. 65-1436, as amended by L. 1998, Ch. 142, section 9; K.A.R. 71-6-1 (proposed).
Download or read book Attorney General Opinion No 1998 046 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. 14-1302, which prohibits under certain conditions a city commission from appointing one of its former members to a city office, is subject to charter ordinance because it does not apply uniformly to all cities. However, the common law may still preclude a city commission from appointing one of its members to the office of city manager even if the member resigns his commission position unless the charter ordinance contains specific provisions that have the effect of abrogating the common law prohibition. Cited herein: K.S.A. 12-1011; 12-1014; 14-1302.
Download or read book Attorney General Opinion No 1998 051 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: Pursuant to K.S.A. 21-3914, not all commercial use of public records is prohibited. The statute is violated only if the requestor intends to use the names and addresses in the records to contact those persons and solicit a sale. The term "person," for purposes of K.S.A. 21-3914, includes businesses. The Kansas Open Records Act does not require provision of records based upon a standing request or prospective request for documents not yet in existence. A request which is unreasonably burdensome need not be honored, but the public agency must cooperate with the requestor to provide access and copies, if possible. Cited herein: K.S.A. 21-3914; 45-215, K.S.A. 1997 Supp. 45-217; K.S.A. 45-218.
Download or read book Attorney General Opinion No 1998 026 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: A series of meetings, each of which involves less than a majority of a quorum of a public body, but collectively totaling a majority of a quorum, at which there is a common topic of discussion of the business or affairs of that body constitutes a meeting for purposes of the Kansas Open Meetings Act. Cited herein: K.S.A. 75-4317; 75-4317a; 75-4318.
Download or read book Attorney General Opinion No 1998 056 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: The elections required by 1998 House Bill No. 2902 may be conducted as special elections or in conjunction with a general election, depending on the timing of the notice of election. The transfer of township assets and property to a board of county commissioners under 1998 House Bill No. 2902 should be accomplished within a reasonable time after approval by the voters. Pursuant to the bill, a board of county commissioners that exercises the powers and duties of a township board is subject to the same levy limitations as the township board, and must follow the procedures set forth in K.S.A. 79-5036 to exempt the taxable property of the township from the levy limits. Bridges on township roads should be constructed and maintained by the county, and the costs of such work should be paid from the bridge fund of the county. When a county takes over the duties of a township under 1998 House Bill No. 2902, the county should pay for road work on township roads from the special fund for the township. Township funds may not be transferred into a county's general fund but must be kept in a special fund that is separate from county funds. Because 1998 House Bill No. 2902 does not address apportionment of costs between a county and any townships a board of county commissioners manages, it is within the board's discretion to determine how to apportion costs. A county that has assumed management of a township is not precluded from adopting a county road unit system if the county follows all statutory requirements for adopting a county road unit system. Cited herein: K.S.A. 10-120; 68-124; 68-515b; 68-526; 68-1104; 79-5021; 79-5036; L. 1998, Ch. 105.
Download or read book Attorney General Opinion No 1997 010 written by Carla J. Stovall and published by . This book was released on 1997 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A city may provide financial assistance to a social service agency that subscribes to certain religious tenets as long as the use of such funds conforms with the public purpose doctrine and the funds are not used to secure or maintain a place where any form of religious worship is conducted or where any religious doctrine is taught. Cited herein: Kan. Const., Bill of Rights, section 7; U.S. Const., Amendment I.
Download or read book Attorney General Opinion No 1993 010 written by Robert T. Stephan and published by . This book was released on 1993 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on available legislative history, in our opinion the intent of the legislature's 1992 amendments was to give limited retroactive effect to the eligibility provisions of the Kansas storage tank act, K.S.A. 65-34,119, and K.S.A. 65-34,119a. Given that premise, it follows that a broad interpretation of the secretary's discretion must be given regarding the conditions of eligibility as found in K.S.A. 65-34,119(a)(7) (secretary's approval of proposed corrective action plan) and K.S.A. 65-34,118 (secretary's authority to waive three bid requirement upon finding of good faith effort). Cited herein: K.S.A. 65-34,100; 65-34,118; 65-34,119; 65-34,119a; K.S.A.1991 Supp. 65-34,118; 65-34-119.
Download or read book Official Opinions of the Attorneys General of the United States Advising the President and Heads of Departments in Relation to Their Official Duties written by United States. Department of Justice and published by . This book was released on 1937 with total page 698 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Attorney General Opinion No 1998 049 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: A series of meetings or communications between members of a public body, each of which may involve less than a majority of a quorum of a public body, but collectively totaling a majority of a quorum, the purpose of which is to discuss a common topic of the business or affairs of that body so that the views of the members are exchanged in an interactive dialogue, constitutes a meeting for purposes of the Kansas Open Meetings Act. The communications need not be direct for the Act to apply, but must be at the direction or behest of the members of the body. Whether a series of communications is a violation of the Act is very fact specific, and each situation must be decided on its facts. Cited herein: K.S.A. 75-4317; 75-4317a; 75-4318.
