Legal Opinion

Attorney General Opinion No.

Kansas Attorney General Reports

Decided December 13, 1994Published

1Opinion of the Court

The Honorable Carl D. Holmes State Representative, One Hundred Twenty-Fifth District P.O. Box 2288 Liberal, Kansas 67905

Dear Representative Holmes:

You request an opinion whether a city of the second class may condemn private property outside of the city limits for the purpose of obtaining an easement to construct a pipeline that will transport water from a point outside of the city limits to a point within the city. Additionally, you inquire whether a city may condemn property owned by the county.

In general, a municipality may not condemn private property outside of its corporate limits for a…

2Cases cited5 opinions

  1. City of Norton v. LowdenCourt of Appeals for the Tenth Circuit · 1936
  2. McGinley ex rel. McGinley v. City of CherryvaleSupreme Court of Kansas · 1935
  3. Vil. of Elmwood Pk. v. Forest Preserve of Cook Ct.Appellate Court of Illinois · 1974
  4. Evel v. City of UticaSupreme Court of Kansas · 1918
  5. State Ex Rel. Foster v. City of Kansas CitySupreme Court of Kansas · 1960

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