AGO 1989-093.

• Case Date: July 21, 1989
• Court: Kansas

Kansas Attorney General Opinions 1989. AGO 1989-093. July 21, 1989ATTORNEY GENERAL OPINION NO. 89-93Dr. Ramon Powers Executive Director Kansas State Historical Society 120 N. 10th Street Topeka, Kansas 66612 Re: State Departments; Public Officers and Employees--State Historical Society--State Historical Society; Powers and Duties; Acquisition of Real Property by Gift Synopsis: As trustee for the state, the Kansas State Historical Society may acquire property if the executive committee of that state agency deems such an acquisition to be in the public interest and if the acquisition promotes purposes for which this state agency was created. All property acquired by the Society is held for the state. Acquisitions must not create an expenditure or incur an expense in excess of appropriated funds. K.S.A.1988 Supp. 75-2726 procedures are not required when the property is acquired by gift and is not listed on the national register of historic places. Cited herein: K.S.A. 75-2701; 75-2702; 75-2715; K.S.A.1988 Supp. 75-2716; 75-2721; 75-2726. * * * Dear Dr. Powers: As Executive Director for the Kansas State Historical Society (KSHS) you request our opinion concerning acceptance of 160 acres of grass land deeded to KSHS by the heirs of a woman who asked that the property be given to the KSHS. You ask whether KSHS can accept such property without going through the procedures specified in K.S.A.1988 Supp. 75-2726, and whether such property remains the property of the private society or becomes the property of this state. You indicate that this question is relevant to the way KSHS might treat the operating costs of such property. KSHS was established in 1879 and the powers and duties of that agency are set forth at K.S.A. 75-2701 et seq. Generally, administrative agencies receive their powers from legislative enactments. 1 Am.Jur.2d Administrative Law, § 23 (1962). The prime object in the construction of laws creating and empowering administrative agencies is to ascertain and carry out the intent of the legislature. Id. at § 37. Administrative agencies are creatures of statute and therefore any exercise of authority by the agency must be expressly or impliedly authorized by statute. Pork Motel, Corp. v. Kansas Department of Health and Environment, 234 Kan. 374, 378 (1983). There is no general or common law power that can be exercised by...