Attorney General Opinion No. 1982-050

Download or read book Attorney General Opinion No. 1982-050 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: The provisions of K.S.A. 1981 Supp. 65-3449(b) cannot be construed as an implied delegation of the power of eminent domain to any state board or agency. If the Kansas Legislature were to enact legislation authorizing condemnation proceedings to acquire real property for use as a radioactive waste storage facility, and declaring condemnation of property for such use to be a "public use," the condemnation of property under such an enactment would probably be upheld by the courts of this state. However, any specific "taking" of property, thereunder, would be open to judicial review for the purpose of considering public use, fraud, bad faith, or abuse of discretion. Cited herein: K.S.A. 1981 Supp. 65-3445 and 65-3449.