Legal Opinion

Attorney General Opinion No.

Kansas Attorney General Reports

Decided July 21, 2006Published

1Opinion of the Court

Leonard L. Buddenbohm Atchison County Counselor 107 North Sixth Street Atchison, Kansas 66022

Dear Mr. Buddenbohm:

As Atchison County Counselor you request our opinion on the question:

"Is a surveyor designated by the county always required to be present at the noticed time and place for viewing pursuant to K.S.A. 68-104 and 68-106 even if the commission/viewers are only considering vacating a road and do not intend to request a survey? If so, is he always required to survey when the commission is simply vacating a road, or is he required to be present but with the option of doing no survey…

2Cases cited6 opinions

  1. Board of Commissioners v. AbbottSupreme Court of Kansas · 1893
  2. Gehlenberg v. HartleySupreme Court of Kansas · 1917
  3. Barrett v. Ninnescah Bow Hunters Ass'nCourt of Appeals of Kansas · 1991
  4. Dunham Stock Farm Co. v. County CommissionersSupreme Court of Kansas · 1924
  5. Mills v. Board of CommissionersSupreme Court of Kansas · 1893

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