AGO 1989-047.

• Case Date: April 17, 1989
• Court: Kansas

Kansas Attorney General Opinions 1989. AGO 1989-047. April 17, 1989ATTORNEY GENERAL OPINION NO. 89-47John M. Duma Chief Deputy County Counselor Wyandotte County 710 North 7th Street Kansas City, Kansas 66101 Re: Laws, Journals and Public Information--Records Open to Public--Exception to Disclosure Crimes and Punishment--Kansas Criminal Code; Crimes Affecting Public Trust--Unlawful Use of Names Derived from Public Records Synopsis: K.S.A. 21-3914 and K.S.A. 1988 Supp. 45-220 limit the use of information obtained from public records so as to prohibit commercial solicitation of persons whose names and addresses are of record. Using information from county assessment, appraisal and tax records and maps to produce "microfiche ownership products and maps" is not prohibited. In this case, names and addresses taken from public records are not used to solicit those persons to purchase property or services; rather, they are used to produce an item that provides the same information which is available to the public. Cited herein: K.S.A. 21-3914; 45-215; 45-220; K.S.A. 1988 Supp. 45-221. * * * Dear Mr. Duma: On behalf of Wyandotte County, you have asked our opinion concerning the Kansas Open Records Act. Specifically, you ask whether state law would be violated if the county complied with a records request it has received. We understand that the county has received a request for access to certain county files: assessment file, which contains the values, parcel numbers, and legal description of property in the county, and the mailing address of the owner; appraisal file, listing property characteristics; tax file, including tax amounts; and the assessor's tax/parcel maps. A company wishes to obtain this information to produce a "microfiche ownership product" and printed or microfiche maps. The company informs us that the ownership product would contain information as to parcels of land in Wyandotte county, including parcel number, owner name and address, property location and characteristics, and assessed values. The microfiche would be available in several sequences: parcel number, street name, owner name, commercial and industrial use, vacant land, and absentee owner. We are also told by the company that they sell their products to real estate salespersons for use in their profession. In this manner, realtors would not be...