Attorney General Opinion No. 1986-040

Download or read book Attorney General Opinion No. 1986-040 written by Robert T. Stephan and published by . This book was released on 1986 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 19-4103 authorizes expenditure of county moneys for programs related to economic development. The buying and selling of real estate for industrial sites is a legitimate exercise of a county's power of home rule as provided in K.S.A. 19-101 and K.S.A. 1985 Supp. 19-101a. Thus, a county which has established an economic development program under K.S.A. 19-4101 e̲t̲ s̲e̲q̲. may engage in the buying and selling of real estate for industrial sites for economic development, as long as said expenditure: (1) has a demonstrable relationship to the program, and (2) satisfies the public purpose doctrine. Similarly, a county may award cash grants to industries as inducements to locate in a particular county, as long as the expenditure meets both of the abovementioned requirements. Finally, a county may exercise the power of eminent domain to acquire lands for industrial sites, insofar as this power is authorized expressly by K.S.A. 19-3801 or by implication through home rule and K.S.A. 19-4103. Cited herein: K.S.A. 1985 Supp. 12-1741b, 12-1744a, 12-1744b; K.S.A. 19-101; K.S.A. 1985 Supp. 19-101a; K.S.A. 19-3801, 19-3802, 19-3803, 19-4101, 19-4102, 19-4103; 1986 Senate Bill No. 494; 1986 House Bill No. 2769.