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72-1141. Judgments against school districts; tax levy, use of proceeds. Whenever any judgment rendered against any school district becomes final, the board of education may levy a tax at the first tax levying period after such judgment becomes final, sufficient to pay such amount and for the purpose of paying a portion of the principal and interest on bonds issued by cities under the authority of K.S.A. 12-1774, and amendments thereto, for the financing of redevelopment projects upon property located within the school district and such tax levy may be levied outside of tax levy limitations prescribed by law. Revenue from such levy shall be deposited in the special liability expense fund of the school district.

History: L. 1876, ch. 122, art. 4, § 31; R.S. 1923, 72-1032; L. 1943, ch. 248, § 30; L. 1967, ch. 370, § 1; L. 1979, ch. 52, § 183; L. 2003, ch. 116, § 11; July 1.

Source or Prior Law:

L. 1861, ch. 76, art. 9, § 5; L. 1863, ch. 56, § 4; G.S. 1868, ch. 92, § 85, 72-8209.

Cross References to Related Sections:

Special levy for judgment from school territory transfer, see 72-531.

Special liability expense fund, 72-1179.

Law Review and Bar Journal References:

"Constitutional Law: Federal Rights and State Immunity—An Unresolved Conflict," Alice M. Fitzgerald, 17 W.L.J. 194, 198 (1977).

CASE ANNOTATIONS

1. Act containing similar provisions construed. Wilson v. School District, 17 Kan. 104. Questioned: In re Fowble, 213 F. 679.

2. Judgment irregular but not void, when enforced. School District v. Lumber Co., 41 Kan. 618, 620, 21 P. 599.

3. Mentioned; school district held liable for transportation of pupils under K.S.A. 72-621. Kimminau v. Common School District, 170 Kan. 124, 128, 223 P.2d 689.

4. Referred to; school board not immune from liability to teachers for failure to afford rights under 14 th Amendment to pretermination hearing. Unified School District No. 480 v. Epperson, 551 F.2d 254, 259.

5. School board not immune from liability to teachers for failure to afford rights under 14 th Amendment to pretermination hearing. Unified School Dist. No. 480 v. Epperson, 583 F.2d 1118, 1122.


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