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80-101. Townships; corporate status; powers. Each organized township in this state shall be a body politic and corporate, and in its proper name sue and be sued, and may appoint all necessary agents and attorneys in that behalf, purchase and hold real and personal property for the use of the township, sell, convey and dispose of real and personal property owned by the township, and may make all contracts that may be necessary and convenient for the exercise of its corporate powers.

History: G.S. 1868, ch. 110, § 1; R.S. 1923, 80-101; L. 2008, ch. 19, § 1; July 1.

Cross References to Related Sections:

Contracts with other municipalities, see 12-2908.

Law Review and Bar Journal References:

"Cooperation By Contract: Interlocal Agreements," Theresa Marcel Nuckolls, 59 J.K.B.A. No. 3, 25, 26 (1990).

Attorney General's Opinions:

Authority of township to terminate water service for nonpayment of charges. 82-236.

Cemeteries; cities, townships and corporations; acquisition of property. 86-171.

Townships; corporate status; powers; limitation on tax levies; legal counsel. 88-138.

Lease of township property to nongovernmental entity. 89-86.

Township's and municipality's maintenance of fire department; purchase of equipment; fire hydrants. 92-78.

Township lacks authority to enact local laws not specifically authorized by law and may not adopt a uniform code by reference. 2017-1.

Township does not have the power to solicit or accept donations. 2018-12.

CASE ANNOTATIONS

1. Townships are quasi corporations, rather than corporations proper. Beach v. Leahy, Treas., 11 Kan. 23, 29.

2. Township, not officers, is proper plaintiff in action for township's benefit. Ralston v. D.C.M.&T. Rly. Co., 53 Kan. 337, 36 P. 712.

3. Each township is a body politic and corporate. Riley v. Garfield Township, 54 Kan. 463, 472, 38 P. 560.

4. A township is not liable for personal injuries to employees. Fisher v. Township, 87 Kan. 674, 680, 125 P. 94; Gratney v. Wyandotte County, 111 Kan. 160, 167, 207 P. 209.

5. Levy of taxes; duty of township trustee. Cherokee County Commissioners v. Wilson, 109 U.S. 621, 3 S. Ct. 352, 27 L.Ed. 1053.

6. Township may maintain mandamus proceedings in its own name. Emporia Township v. Williams, 149 Kan. 860, 865, 89 P.2d 919.


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