Printable Format19-101. County as corporation; powers generally; home rule. That each organized county within this state shall be a body corporate and politic, and as such shall be empowered for the following purposes: First, to sue and be sued; second, to purchase and hold real and personal estate for the use of the county, and lands sold for taxes as provided by law; third, to sell and convey any real or personal estate owned by the county, and make such order respecting the same as may be deemed conducive to the interest of the inhabitants; fourth, to make all contracts and do all other acts in relation to the property and concerns of the county, necessary to the exercise of its corporate or administrative powers; fifth, to exercise the powers of home rule to determine their local affairs and government authorized under the provisions of K.S.A. 19-101a; sixth, to exercise such other and further powers as may be especially conferred by law.
History: G.S. 1868, ch. 25, § 1; R.S. 1923, 19-101; L. 1974, ch. 110, § 1; July 1.
Cross References to Related Sections:
Delegation of powers of local legislation and administration, see Kansas Constitution, article 2, § 21.
Law Review and Bar Journal References:
"Legislation: Citizen Participation via Media Referendum," Mark A. Meyerdirk, 15 W.L.J. 120, 130 (1976).
"Home Rule and Environmental Regulation in Kansas," David E. Pierce, 26 K.L.R. 535, 539 (1978).
"Survey of Kansas Law: Municipal Corporations," Richard H. Seaton, 27 K.L.R. 269, 275 (1979).
"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 (1991).
"Dolan v. City of Tigard: Kansas Local Governments Beware—The Supreme Court Further Restricts the Authority of Municipalities to Condition Development Approval," Stephen P. Chinn, Neil R. Shortlidge & N. Cason Boudreau, 64 J.K.B.A. No. 9, 30, 37 (1995).
"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 in a Nutshell," Sandra Craig McKenzie, 48 K.L.R. 1005 (2000).
Attorney General's Opinions:
Minimum wage and maximum hours; definition of "employer" under K.S.A. 44-1202(d). 79-97.
Solid waste; application of county plan to cities in county. 79-174.
General provisions; sale of county property. 79-245.
Federal revenue sharing funds; expenditure by local governments; taxation; miscellaneous provisions; itemized budget. 79-257.
Emergency preparedness for disasters; price controls during emergency. 79-270.
Confiscation and disposition of weapons. 80-128.
Kansas constitution; uniform operation of laws of a general nature. 80-199.
Hospitals; medical clinics. 81-37.
Mental health centers; purchase of a building by mental health center. 81-49.
County commissioner; powers and duties; publication of policies and procedures manual. 81-146.
Ambulance service; limitations on expenditure of tax proceeds. 82-85.
General provisions; authority to purchase real property. 83-60.
County counselor; duties; social security benefits. 85-41.
Home rule; acquisition of real property for industrial site. 85-52.
Creation of special fund for rock crusher. 85-57.
General provisions; home rule; arterial highways. 85-90.
Home rule; acquisition of real property for industrial sites. 86-40.
Clerk of district court; exemption from limitations imposed by county home rule powers. 86-55.
Cereal malt beverage consumption on county-owned property. 86-142.
County counselor; duties; who may hold public office. 86-174.
Drug testing of county employees; constitutionality. 87-49.
Counties and county officers; powers and duties; conveying real property for use as federal prison site; home rule powers. 87-164.
Counties and county officers; powers; home rule; automobiles and other vehicles; weight and load restrictions. 87-173.
Local health departments; home rule; name changes. 87-176.
County commissioners; general powers; home rule powers; foreclosure purchases by elected county officials. 87-177.
County commissioners; employment termination of county employees. 88-11.
Interlocal agreements; failure to file; status. 88-37.
Solid and hazardous waste; solid waste; restrictions on local authorities. 88-80.
Control and eradication of noxious weeds; home rule powers. 89-73.
Small claims; trial; representation when county is party. 90-28.
County commissioners; powers and duties; sale of county property. 90-102.
Home rule; renovation of county courthouse. 91-3.
Enactment of moratorium on establishment of salvage yard must be in good faith, nondiscriminatory and reasonably related to public health, safety and welfare. 91-61.
Powers of county commission to reduce county treasurer's salary. 91-65.
State board of tax appeals; formal hearings; participation and representation of parties. 93-100.
Open public meeting defined; quorum change; recreation commission. 93-140.
Contracts for assistance in collecting property taxes. 94-8.
Prohibition against certain local and private prisons. 94-27.
Roads; vacation in certain counties without petitions. 94-145.
Tax levies exempt from aggregate limitation; procedure for exemption. 94-167.
Home rule powers; charter resolutions; severance tax on quarried rock. 95-30.
County waste disposal; "tipping" fees; use of proceeds; delegation of authority to regional entity. 95-87.
Area agencies on aging; authority which may be exercised by boards of county commissioners. 97-5.
County personnel policies; tenure of county employees; authority of county commissioners; application to deputies and assistants of sheriff. 97-16.
County contracts with out of state public agency for housing misdemeanants and juvenile offenders; conditions. 97-50.
County home rule; public purpose and welfare; exercise by resolution. 97-67.
County charter commission may provide for chairperson to be elected at-large. 1999-58.
County's use of home rule powers to establish a recycling program; procedure therefor. 2000-14.
Mentioned in discussion of clerical errors in tax assessments and county commission's powers. 2007-22.
Mentioned in discussion of county paid time-off leave and cash-basis law. 2007-25.
Expanded lottery act does not require applicant to provide endorsement resolution or planning/zoning approval when application filed. 2008-5.
Fees collected by county treasurer for issuing registrations and certificates of title cannot be used for security cameras. 2008-11.
CASE ANNOTATIONS
1. Action is maintainable against board on judgment against it. Lockard v. Decatur County, 10 Kan. App. 316, 62 P. 547.
2. Action is maintainable against county on county warrant; commissioners may cause record of deeds to be indexed. Commissioners of Leavenworth v. Keller, 6 Kan. 510, 519.
3. County is quasi corporation which may sue and be sued; commissioners are financial agents and business managers of such corporation. County of Leavenworth v. Brewer, 9 Kan. 307, 318.
4. Commissioners may borrow money to meet deficit in current expenses. Doty v. Ellsbree, 11 Kan. 210.
5. Official acts of de facto county ratified by legislative recognition. The State, ex rel., v. Comm'rs of Pawnee Co., 12 Kan. 426; The State, ex rel., v. Comm'rs of Ford County, 12 Kan. 441, 444.
6. Commissioners have power to sell county railroad stock. Gulf Rld. Co. v. Comm'rs of Miami County, 12 Kan. 482.
7. Contracts must either be made or authorized by county commissioners. Comm'rs of Neosho Co. v. Stoddart, 13 Kan. 207.
8. County cannot be competitive bidder at a tax sale. Norton v. Friend, 13 Kan. 532.
9. County held liable on implied contract. Butler v. Comm'rs of Neosho Co., 15 Kan. 178.
10. Legislature may abolish counties in changing lines or creating new counties. Division of Howard Co., 15 Kan. 194, 215.
11. Action may be brought against county when claims not allowed. Gillett v. Comm'rs of Lyon Co., 18 Kan. 410.
12. Property of county exempt from taxation. Durkee v. Comm'rs of Greenwood Co., 29 Kan. 697.
13. County is organized when officers appointed by governor qualify. Keating v. Marble, 39 Kan. 370, 375, 18 P. 189.
14. Corporate existence cannot be collaterally attacked. In re Short, Petitioner, 47 Kan. 250, 27 P. 1005.
15. County liable for negligent destruction by fire of rented courthouse. Williams v. Kearny Co., 61 Kan. 708, 60 P. 1046.
16. Contracts for publication of personal property statements held void. Brown v. The State, 73 Kan. 69, 84 P. 549.
17. Taxes levied for one purpose cannot be diverted to another. National Bank v. Barber, Treas., etc., 24 Kan. 534; State v. Butler Co., 77 Kan. 527, 94 P. 1004.
18. Commissioners cannot employ private person or firm to collect tax. The State v. Dickinson County, 77 Kan. 540, 542, 95 P. 392.
19. County commissioners cannot issue county warrants in excess of revenues. Bank v. Reilly, 97 Kan. 817, 156 P. 747.
20. Garnishment against county for salary of deputy sheriff not maintainable. Heddock v. McDonald, 98 Kan. 628, 159 P. 402. (But see K.S.A. 60-723.)
21. Residence of county as corporate entity is in courthouse at county seat. (Dissenting opinion.) Osborne County v. City of Osborne, 104 Kan. 671, 675, 180 P. 233.
22. Counties are bodies corporate and politic capable of suing and being sued. Commissioners v. Sellew, 99 U.S. 624, 25 L. Ed. 333.
23. Section cited in determining power to contract for liability insurance for employees. Robertson v. Labette County Comm'rs, 124 Kan. 705, 708, 261 P. 831.
24. Board has authority to employ county attorney to appear in supreme court. Heinz v. Shawnee County Comm'rs, 136 Kan. 104, 105, 12 P.2d 816.
25. County commissioners cannot employ private individuals to discover unlisted taxable property. State, ex rel., v. Sedgwick County Comm'rs, 150 Kan. 143, 91 P.2d 2.
26. Prior board of commissioners may bind subsequent board by contract, when. Edwards County Comm'rs v. Simmons, 159 Kan. 41, 53, 151 P.2d 960.
27. Granting easement to city for parking area held not sale. State, ex rel., v. City of Garnett, 180 Kan. 405, 407, 304 P.2d 555.
28. Mentioned in holding apportionment of Crawford county commissioner districts unconstitutional; equal protection clause violated. Simone v. MacPhail, 291 F. Supp. 697, 699.
29. Mentioned in holding statutes of limitation inapplicable to action by county for overcharges and penalties under K.S.A. 19-232. Board of County Commissioners v. Lewis, 203 Kan. 188, 191, 453 P.2d 46.
30. County is an employer under K.S.A. 44-1201 et seq. State ex rel. Ludwick v. Board of Johnson County Comm'rs, 233 Kan. 79, 85, 661 P.2d 377 (1983).
31. Home rule powers of counties delegated by legislature, not constitution. State ex rel. Stephan v. Board of Lyon County Comm'rs, 234 Kan. 732, 736, 676 P.2d 134 (1984).
32. 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).
33. Open meetings act (K.S.A. 75-4317 et seq.) does not limit authority of county commission to increase quorum requirements. State ex rel. Stephan v. Board of Sedgwick County Comm'rs, 244 Kan. 536, 544, 770 P.2d 455 (1989).
34. County's authority to use home rule powers to issue general obligation bonds for highway projects determined. Blevins v. Hiebert, 13 Kan. App. 2d 318, 321, 770 P.2d 486 (1989).
35. Mentioned in discussion regarding whether consent judgment stripped sheriff of responsibility for jail. Woodson v. Sully, 801 F. Supp. 466, 467, 469 (1992).
36. Cited in holding "fuel flowage fee" imposed on aviation fuel transported onto city-county airport held to be a tax prohibited by uniform application of K.S.A. 79-3424. Executive Aircraft Consulting, Inc. v. City of Newton, 252 Kan. 421, 423, 845 P.2d 57 (1993).
37. 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, 277, 855 P.2d 487 (1993).
38. Tax assessment by board of county commissioners was administrative, not judicial in nature, and thus did not require property owners to exhaust administrative remedies to pursue a claim of an illegal tax. Barnes v. Board of Cowley County Comm'rs, 293 Kan. 11, 259 P.3d 725 (2011).