22-3902.Procedure.(1) Unless otherwise provided by law, proceedings under K.S.A. 22-3901 through22-3904, and amendments thereto, shall be governed by the provisions of theKansas code of civil procedure relating to the abatement of common nuisances.
(2) (A) In addition to the procedure established by this section, ifa person is arrested for an unlawful act listed in K.S.A. 22-3901, andamendments thereto, the attorney general, city, county or district attorney maypetition the court for a hearing to determine whether an unlawful activity isor has been occurring on such owner's property. The owner of the property onwhich such person is or was committing an unlawful activity may be given noticeof such hearing. Except as provided by paragraph (B), a hearing shall beheld before the court within 30 days of the notification. If the courtdetermines by a preponderance of the evidence that an unlawful act occurred,such act shall render void any lease under which a tenant holds possession, andshall cause the right of possession to revert to the owner who may evict thetenant. If the owner does not commence eviction proceedings against the tenantwithin 30 days of the court determination, the attorney general or the city,county or district attorney may proceed to file a petition pursuant tosubsection (3). The provisions of this subsection are in addition to any remedyprovided pursuant to the residential landlord and tenant act.
(B) In the case of a violation of subsection (k) of K.S.A. 22-3901, andamendments thereto, a hearing shall be held before the court within five daysof the notification.
(3) Proceedings under K.S.A. 22-3901 through 22-3904, and amendments thereto,shall be instituted only in the name of the state of Kansas upon the petitionof the attorney general or the city, county or district attorney to enjoin anuisance within the city, county or district.
(4) The petition shall describe any real estate alleged to be used or to havebeen used as a place where such common nuisance is or was maintained orpermitted and shall identify the owner or person in charge of such real estate.It shall describe any effects, equipment, paraphernalia, fixtures, appliances,musical instruments or other personal property designed for and used in suchunlawful activity. It shall pray for the particular relief sought with respectto such property.
(5) The petition for injunction may include or be accompanied by anapplication for an order for the seizure of the effects, equipment,paraphernalia, fixtures, appliances, musical instruments or other personalproperty described in the petition. If the court finds that there is probablecause to believe that the personal property described is or has been used forany of the unlawful purposes set forth in K.S.A. 22-3901 and amendmentsthereto, the court may order the sheriff or other law enforcement officer toseize such personalty and to hold it in custody pending further order of thecourt. An order for seizure shall particularly describe the personal propertyto be seized.
(6) An order for seizure of materials alleged to be obscene shall not beissued until after a hearing at which evidence in support of the applicationfor such order has been heard. At least three days notice of such hearing shallbe given to the owner or person in possession of such material. Pending suchhearing, the court may make an order prohibiting the owner or person inpossession from removing such material from the jurisdiction of the court.
(7) No bond or other security shall be required for any restraining order,order for seizure or injunction issued under K.S.A. 22-3901 through 22-3904,and amendments thereto, in an action brought by the attorney general or city,county or district attorney.
(8) The provisions of K.S.A. 22-3901 through 22-3904, and amendments thereto,shall not limit nor otherwise affect proceedings under K.S.A. 60-908 andamendments thereto, but shall be supplemental and in addition to, and not inlieu of, the remedy provided by that statute.
(9) The attorney general or the city, county or district attorney shall givenotice of proceedings under K.S.A. 22-3901 through 22-3904 and amendmentsthereto by sending a copy of the petition to enjoin a nuisance by certifiedmail, return receipt requested, to each person having ownership of or asecurity interest in the property if: (a) The property is of a type for whichtitle, registration or deed is required by law; (b) the owner of the propertyis known in fact at the time of seizure; or (c) the property is subject to asecurity interest perfected in accordance with the uniform commercial code. Theattorney general or the city, county or district attorney shall be obligatedonly to make diligent search and inquiry as to the owner of the property andif, after diligent search and inquiry, the attorney general or city, county ordistrict attorney is unable to ascertain the owner, the requirement of actualnotice by mail with respect to persons having perfected security interest inthe property shall not be applicable.
22-3902.Procedure.(1) Unless otherwise provided by law, proceedings under K.S.A. 22-3901 through22-3904, and amendments thereto, shall be governed by the provisions of theKansas code of civil procedure relating to the abatement of common nuisances.
(2) (A) In addition to the procedure established by this section, ifa person is arrested for an unlawful act listed in K.S.A. 22-3901, andamendments thereto, the attorney general, city, county or district attorney maypetition the court for a hearing to determine whether an unlawful activity isor has been occurring on such owner's property. The owner of the property onwhich such person is or was committing an unlawful activity may be given noticeof such hearing. Except as provided by paragraph (B), a hearing shall beheld before the court within 30 days of the notification. If the courtdetermines by a preponderance of the evidence that an unlawful act occurred,such act shall render void any lease under which a tenant holds possession, andshall cause the right of possession to revert to the owner who may evict thetenant. If the owner does not commence eviction proceedings against the tenantwithin 30 days of the court determination, the attorney general or the city,county or district attorney may proceed to file a petition pursuant tosubsection (3). The provisions of this subsection are in addition to any remedyprovided pursuant to the residential landlord and tenant act.
(B) In the case of a violation of subsection (k) of K.S.A. 22-3901, andamendments thereto, a hearing shall be held before the court within five daysof the notification.
(3) Proceedings under K.S.A. 22-3901 through 22-3904, and amendments thereto,shall be instituted only in the name of the state of Kansas upon the petitionof the attorney general or the city, county or district attorney to enjoin anuisance within the city, county or district.
(4) The petition shall describe any real estate alleged to be used or to havebeen used as a place where such common nuisance is or was maintained orpermitted and shall identify the owner or person in charge of such real estate.It shall describe any effects, equipment, paraphernalia, fixtures, appliances,musical instruments or other personal property designed for and used in suchunlawful activity. It shall pray for the particular relief sought with respectto such property.
(5) The petition for injunction may include or be accompanied by anapplication for an order for the seizure of the effects, equipment,paraphernalia, fixtures, appliances, musical instruments or other personalproperty described in the petition. If the court finds that there is probablecause to believe that the personal property described is or has been used forany of the unlawful purposes set forth in K.S.A. 22-3901 and amendmentsthereto, the court may order the sheriff or other law enforcement officer toseize such personalty and to hold it in custody pending further order of thecourt. An order for seizure shall particularly describe the personal propertyto be seized.
(6) An order for seizure of materials alleged to be obscene shall not beissued until after a hearing at which evidence in support of the applicationfor such order has been heard. At least three days notice of such hearing shallbe given to the owner or person in possession of such material. Pending suchhearing, the court may make an order prohibiting the owner or person inpossession from removing such material from the jurisdiction of the court.
(7) No bond or other security shall be required for any restraining order,order for seizure or injunction issued under K.S.A. 22-3901 through 22-3904,and amendments thereto, in an action brought by the attorney general or city,county or district attorney.
(8) The provisions of K.S.A. 22-3901 through 22-3904, and amendments thereto,shall not limit nor otherwise affect proceedings under K.S.A. 60-908 andamendments thereto, but shall be supplemental and in addition to, and not inlieu of, the remedy provided by that statute.
(9) The attorney general or the city, county or district attorney shall givenotice of proceedings under K.S.A. 22-3901 through 22-3904 and amendmentsthereto by sending a copy of the petition to enjoin a nuisance by certifiedmail, return receipt requested, to each person having ownership of or asecurity interest in the property if: (a) The property is of a type for whichtitle, registration or deed is required by law; (b) the owner of the propertyis known in fact at the time of seizure; or (c) the property is subject to asecurity interest perfected in accordance with the uniform commercial code. Theattorney general or the city, county or district attorney shall be obligatedonly to make diligent search and inquiry as to the owner of the property andif, after diligent search and inquiry, the attorney general or city, county ordistrict attorney is unable to ascertain the owner, the requirement of actualnotice by mail with respect to persons having perfected security interest inthe property shall not be applicable.
22-3902.Procedure.(1) Unless otherwise provided by law, proceedings under K.S.A. 22-3901 through22-3904, and amendments thereto, shall be governed by the provisions of theKansas code of civil procedure relating to the abatement of common nuisances.
(2) (A) In addition to the procedure established by this section, ifa person is arrested for an unlawful act listed in K.S.A. 22-3901, andamendments thereto, the attorney general, city, county or district attorney maypetition the court for a hearing to determine whether an unlawful activity isor has been occurring on such owner's property. The owner of the property onwhich such person is or was committing an unlawful activity may be given noticeof such hearing. Except as provided by paragraph (B), a hearing shall beheld before the court within 30 days of the notification. If the courtdetermines by a preponderance of the evidence that an unlawful act occurred,such act shall render void any lease under which a tenant holds possession, andshall cause the right of possession to revert to the owner who may evict thetenant. If the owner does not commence eviction proceedings against the tenantwithin 30 days of the court determination, the attorney general or the city,county or district attorney may proceed to file a petition pursuant tosubsection (3). The provisions of this subsection are in addition to any remedyprovided pursuant to the residential landlord and tenant act.
(B) In the case of a violation of subsection (k) of K.S.A. 22-3901, andamendments thereto, a hearing shall be held before the court within five daysof the notification.
(3) Proceedings under K.S.A. 22-3901 through 22-3904, and amendments thereto,shall be instituted only in the name of the state of Kansas upon the petitionof the attorney general or the city, county or district attorney to enjoin anuisance within the city, county or district.
(4) The petition shall describe any real estate alleged to be used or to havebeen used as a place where such common nuisance is or was maintained orpermitted and shall identify the owner or person in charge of such real estate.It shall describe any effects, equipment, paraphernalia, fixtures, appliances,musical instruments or other personal property designed for and used in suchunlawful activity. It shall pray for the particular relief sought with respectto such property.
(5) The petition for injunction may include or be accompanied by anapplication for an order for the seizure of the effects, equipment,paraphernalia, fixtures, appliances, musical instruments or other personalproperty described in the petition. If the court finds that there is probablecause to believe that the personal property described is or has been used forany of the unlawful purposes set forth in K.S.A. 22-3901 and amendmentsthereto, the court may order the sheriff or other law enforcement officer toseize such personalty and to hold it in custody pending further order of thecourt. An order for seizure shall particularly describe the personal propertyto be seized.
(6) An order for seizure of materials alleged to be obscene shall not beissued until after a hearing at which evidence in support of the applicationfor such order has been heard. At least three days notice of such hearing shallbe given to the owner or person in possession of such material. Pending suchhearing, the court may make an order prohibiting the owner or person inpossession from removing such material from the jurisdiction of the court.
(7) No bond or other security shall be required for any restraining order,order for seizure or injunction issued under K.S.A. 22-3901 through 22-3904,and amendments thereto, in an action brought by the attorney general or city,county or district attorney.
(8) The provisions of K.S.A. 22-3901 through 22-3904, and amendments thereto,shall not limit nor otherwise affect proceedings under K.S.A. 60-908 andamendments thereto, but shall be supplemental and in addition to, and not inlieu of, the remedy provided by that statute.
(9) The attorney general or the city, county or district attorney shall givenotice of proceedings under K.S.A. 22-3901 through 22-3904 and amendmentsthereto by sending a copy of the petition to enjoin a nuisance by certifiedmail, return receipt requested, to each person having ownership of or asecurity interest in the property if: (a) The property is of a type for whichtitle, registration or deed is required by law; (b) the owner of the propertyis known in fact at the time of seizure; or (c) the property is subject to asecurity interest perfected in accordance with the uniform commercial code. Theattorney general or the city, county or district attorney shall be obligatedonly to make diligent search and inquiry as to the owner of the property andif, after diligent search and inquiry, the attorney general or city, county ordistrict attorney is unable to ascertain the owner, the requirement of actualnotice by mail with respect to persons having perfected security interest inthe property shall not be applicable.
