Location or removal of county seat, when; petition; order for election

19-1601. Location or removal of county seat, when; petition; order for election. When the county seat of any county has not been located by a vote of the electors of the county, and county buildings have not been erected at the county seat at a cost to the county of at least one thousand dollars, the board of county commissioners, upon the petition of a majority of the legal electors of the county, shall order an election for the location or removal of such county seat. History: G.S. 1868, ch. 26, § 1; March 3; R.S. 1923, 19-1601. Source or Prior Law: L. 1863, ch. 24, § 1; L. 1865, ch. 26, § 1; L. 1867, ch. 46, § 1. CASE ANNOTATIONS 1. When mandamus lies. The State, ex rel., v. Comm'rs of Phillips County, 26 Kan. 419, 425. 2. Sufficiency of petition considered. Benton v. Nason, 26 Kan. 658. 3. Section not repealed by subsequent laws. The State, ex rel., v. Comm'rs of Sherman Co., 39 Kan. 293, 18 P. 179. 4. Number of votes required to relocate county seat determined. Patrick v. Johnson, 90 Kan. 140, 133 P. 161. 5. Courts will not enjoin the calling and holding of an election. Dunn v. Morton County Comm'rs, 162 Kan. 449, 451, 177 P.2d 207. 6. Election under K.S.A. 19-1602; action to enjoin removal; order denying motion for judgment on pleadings not appealable. Wycoff v. Board of County Commissioners, 189 Kan. 557, 370 P.2d 138. 7. Various objections to election procedure and determination of result considered and election held valid; statute construed and applied. Wycoff v. Board of County Commissioners, 191 Kan. 658, 659, 383 P.2d 520. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents USEFUL LINKS Session Laws Kansas Administrative Regulations OTHER LEGISLATIVE SITES Kansas Legislature Administrative Services Division of Post Audit Research Department Contact Us PDF Help www.ksrevisor.gov 2026