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2024 Op. Kan. Att'y Gen. 1 (2024)

handle is hein.sag/sagks0096 and id is 1 raw text is: STATE OF KANSAS
OFFICE OF THE ATTORNEY GENERAL
KRIs W. KOBACH                                                               MEMORIAL HALL
ATTORNEY GENERAL                                                     120 SW 10TH AVE.. 2ND FLOOR
TOPEKA. KS 66612-1597
(785) 296-2215 • FAX (785) 296-6296
WWW.AG.KS.GOV
January 11, 2024
ATTORNEY GENERAL OPINION NO. 2024-1
The Honorable Ken Corbet
State Representative, 54th District
State Capitol, Room 179-N
Topeka, Kansas 66612
Re:         Cities and Municipalities-Planning and Zoning-Planning, Zoning
and Subdivision Regulations in Cities and Counties-Same;
Subdivision Regulations; Adoption and Amendment
Synopsis:   Although the Kansas Legislature may legally permit a city to impose
its land subdivision requirements on county residents within three
miles of city limits, it should be cautious when granting cities
extraterritorial authority. Cited herein: K.S.A. 12-749.
As the Representative of the 54th District, you inquire about the constitutionality of
K.S.A. 12-749, which generally authorizes a city planning commission to enforce
land subdivision regulations against properties within three miles of city limits. You
question whether a city may lawfully impose these regulations on individuals who
cannot elect the city's leaders.
The legality of a similar law was tested in Holt Civic Club v. City of Tuscaloosa,1
where residents of an unincorporated community challenged a city's authority to
enforce their police and sanitary regulations on those situated within three miles of
city limits.2 The United States Supreme Court rejected the residents' claim that the
law violated the one person, one vote mandate of the Equal Protection Clause by

1 439 U.S. 60 (1978).
2Id. at 61-62.

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