AGO 1989-073.

• Case Date: June 14, 1989
• Court: Kansas

Kansas Attorney General Opinions 1989. AGO 1989-073. June 14, 1989ATTORNEY GENERAL OPINION NO. 89-73Elaine M. EsparzaHarper County Attorney P.O. Box 216 Harper, Kansas 67058 Re: Agriculture--Weeds--Noxious Weed Control; Control of Non-Noxious Weeds Counties and County Officers--General Provisions--Home Rule Powers; Eradication of Weeds Synopsis: Moneys in the county noxious weed fund may be used only to treat and eradicate weeds declared noxious by Kansas statute. A county may by its home rule powers appropriate county general funds for the control of weeds not listed as noxious. Cited herein: K.S.A. 2-1314a, repealed L.1988, ch. 3, § 4; K.S.A. 19-101; 19-101a; 19-101c. * * * Dear Ms. Esparza: As Harper County Attorney, you have asked our opinion regarding the effect of the repeal of K.S.A. 2-1314a. Specifically, you inquire whether a county may control and erradicate weeds not declared as noxious on private land. The legislature repealed K.S.A. 2-1314a in 1988. See L.1988, ch. 3, § 4. This statute gave counties authority to cooperate with landowners in the treatment and eradication of weeds which had not been declared noxious by the legislature. The 1987 Report on Kansas Legislative Interim Studies provides insight into why K.S.A. 2-1314a was repealed. The special committee on agriculture and livestock received testimony that county noxious weed programs were competing with local chemical dealers. The committee expressed concern in the report on Proposal No. 1 that the county noxious weed programs were selling chemicals for the treatment of weeds other than those declared to be noxious by statute, thereby having a detrimental effect on the businesses of private chemical dealers. The report states:

"The Committee recommends H.B. 2623 to repeal K.S.A. 2-1314a and make other clarifying amendments to the Noxious Weed Law so that the Law will apply only to the treatment of noxious weeds." 1987 Legislative Interim Studies Report, p. 9 (Emphasis added).

With the repeal of K.S.A. 2-1314a, county noxious weed supervisors may only expend monies in the noxious weed fund for the treatment and eradication of noxious weeds. The question remains whether a county may appropriate moneys from its general fund to treat weeds on private lands not declared to be noxious. By statute, K.S.A. 19-101, counties have home rule powers "to...