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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.