Legal Question in Constitutional Law in Kansas
Can a city place an ordinance that states that they have the right to enter a persons property without notifying the owner or resident of the property and make them in violation of said ordinance if the owner or resident tells them they are trespassing and to get off there property?
Asked on 4/20/10, 3:55 pm
1 Answer from Attorneys
Mitty Means
Mohanty Means, P.C.
A City has the right of way to enter those easements that it retains, such as easements to pick up garbage, provide water and sewage services.
City cannot enter your home without prior notice except in an emergency or a public nuisance that affects others. Examples are fire and floods. If there is a public nuisance such as ill or uncared for animals, or garbage piled high, yes the City has emergency authority to come in with an order of the municipal court.
Answered on 4/26/10, 9:57 am
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