Attorney General Opinion No. 1982-087

Download or read book Attorney General Opinion No. 1982-087 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 act which originally created township zoning boards, L. 1939, ch. 164, was nonuniform in its application due to language contained in section 1 (now K.S.A. 19-2901). By virtue of amendments in 1981 (L. 1981, ch. 122), the nonuniform language was removed, leaving K.S.A. 19-2901 through 19-2910 and 19-2912 and 19-2913 uniform in their application and thus not subject to the home rule power of a county under K.S.A. 19-101a e̲t̲ s̲e̲q̲. While K.S.A. 19-2911 does contain a subsection which is nonuniform, the nonuniformity is a result of a legislative act which did not amend the remaining sections of K.S.A. 19-2901 e̲t̲ s̲e̲q̲. Thus, the nonuniformity of K.S.A. 29-2911 does not affect the uniform applicability of these other sections. Furthermore, as the nonuniform language was part of an act affecting central business district redevelopment bonds, K.S.A. 19-101a(a), E̲l̲e̲v̲e̲n̲t̲h̲, acts to prevent a county from exempting itself from even this single statute. Cited herein: K.S.A. 1981 Supp. 12-1774, K.S.A. 19-101a, 19-101b, 19-2901, 19-2911, L. 1979, ch. 52, section 121, L. 1980, ch. 91, L. 1981, ch. 122, section 1.