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Legal Opinion

Attorney General Opinion No.

Kansas Attorney General Reports

Decided December 15, 2000Published

1Opinion of the Court

The Honorable Edward W. Pugh State Senator, 1st District 625 Lincoln Avenue Wamego, Kansas 66547

Dear Senator Pugh:

You inquire whether a city or county can enact legislation that imposes speed restrictions on trains traveling within the municipality's boundaries and whether municipalities can impose restrictions on the amount of time that trains may obstruct traffic.

Our research has detected no Kansas statutory authority that would affect a county's ability to use its home rule power1 to enact a resolution restricting train speeds provided that such resolution did not conflict with federal…

2Cases cited13 opinions

  1. CSX Transportation, Inc. v. EasterwoodSupreme Court of the United States · 1993
  2. Csx Transportation, Inc. v. City of Plymouth, MichiganCourt of Appeals for the Sixth Circuit · 1996
  3. CSX Transportation, Inc. v. City of PlymouthDistrict Court, E.D. Michigan · 2000
  4. Sisk Ex Rel. Sisk v. National Railroad PassengerDistrict Court, D. Kansas · 1986
  5. Walker v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1915

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