Legal Opinion

Attorney General Opinion No.

Kansas Attorney General Reports

Decided April 13, 1994Published

1Opinion of the Court

The Honorable Clyde D. Graeber State Representative, Forty-First District State Capitol, Room 115-S Topeka, Kansas 66612

Dear Representative Graeber:

You request our opinion regarding language in the commercial and industrial machinery and equipment classification provision of article 11, section 1 of the Kansas constitution. Specifically you inquire whether the phrase "and as long as such property is being used" constitutes an exemption for commercial and industrial machinery and equipment that is not being used.

Section 1(a), class 2(5) of article 11 provides as follows:

"Class 2 shall consist…

2Cases cited2 opinions

  1. Director of Taxation v. Kansas Krude Oil Reclaiming Co.Supreme Court of Kansas · 1984
  2. State Ex Rel. Stephan v. Kansas Department of RevenueSupreme Court of Kansas · 1993

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