19-101c. Home rule powers to be liberally construed. The powers granted counties pursuant to this act shall be referred to as county home rule powers and they shall be liberally construed for the purpose of giving to counties the largest measure of self-government.
History: L. 1974, ch. 110, § 4; July 1.
Law Review and Bar Journal References:
"Municipal Corporations: Home Rule—The Power of Local Self-Government and the Effect of State Enabling Legislation [Blevins v. Hiebert, 247 Kan. 1, 795 P.2d 325 (1990)]," Tonya L. O'Hern, 30 W.L.J. 554, 561 (1991).
"Should There Be Home Rule for Kansas School Districts?" Charles Benjamin, 5 Kan. J.L. & Pub. Pol'y, No. 3, 175, 176, 183 (1996).
"Home Rule Power for Cities and Counties in Kansas," Michael R. Heim, 66 J.K.B.A. No. 1, 26 (1997).
"Home Rule in a Nutshell," Sandra Craig McKenzie, 48 K.L.R. 1005 (2000).
Attorney General's Opinions:
Home rule powers; antinepotism policy. 80-264.
County commissioners; expending public funds for lobbying; public purpose. 81-208.
Boards of education; organization, powers, finances; expending public funds for lobbying on proposed severance tax. 81-216.
General provisions; home rule powers; limitation, restrictions and prohibitions. 84-5.
General provisions; home rule; arterial highways. 85-90.
Home rule powers of cities and counties; bond issuance. 88-92.
Home rule; advisory elections. 88-153.
Control and eradication of noxious weeds; home rule powers. 89-73.
Sale of county property; use of trade-ins. 92-110.
Contracts for assistance in collecting property taxes. 94-8.
County authority to rescind corporate farming resolution; effect; rights of property owner. 96-21.
County commissioners may exercise home rule powers to abolish county planning commission. 2001-24.
CASE ANNOTATIONS
1. Regulation of railroads is a matter of statewide concern and beyond home rule power of county by reason of state preemption. Missouri Pacific Railroad v. Board of Greeley County Comm'rs, 231 Kan. 225, 227, 643 P.2d 188 (1982).
2. Home rule powers subject to legislature; counties may not affect courts located therein. Board of Sedgwick County Comm'rs v. Noone, 235 Kan. 777, 780, 682 P.2d 1303 (1984).
3. Authority of county commission to increase quorum requirements determined. State ex rel. Stephan v. Board of Sedgwick County Comm'rs, 244 Kan. 536, 540, 770 P.2d 455 (1989).
4. County's authority to use home rule powers to opt out of nonuniform state law (arterial highway act, K.S.A. 68-580 et seq.) and issue general obligation bonds for highway projects examined. Blevins v. Hiebert, 13 Kan. App. 2d 318, 321, 770 P.2d 486 (1989); opinion at 245 Kan. 646 (1989) reversing Court of Appeals withdrawn by supreme Court order filed Jan. 31, 1990; affirmed, 247 Kan. 1, 795 P.2d 325 (1990).
5. County appraisers permitted to hire outside agencies to assist in assessment of properties within county; "tax ferret" metaphor inapplicable. Dillon Stores v. Lovelady, 253 Kan. 274, 278, 855 P.2d 487 (1993).
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