Unauthorized fees or costs; action to recover; penalty and attorney's fee

19-232. Unauthorized fees or costs; action to recover; penalty and attorney's fee. All fees, costs or other allowances, or any fees obtained from or allowed against any county, when the same are not authorized by law, and not refunded on demand, may be recovered back in a civil action, in the name of the proper county, in any court of competent jurisdiction; and on the rendering of the judgment in any such case, the court rendering the same shall add one hundred percent (100%) to the same, to go to the county, and also a fee of twenty-five dollars ($25) if in the district court, to go to the county attorney or other person prosecuting the same. History: G.S. 1868, ch. 25, § 39; R.S. 1923, 19-232; L. 1973, ch. 134, § 4; July 1, 1974. Source or Prior Law: L. 1865, ch. 28, § 3. Law Review and Bar Journal References: "Recovery of Attorney Fees in Kansas," Mark A. Furney, 18 W.L.J. 535, 557 (1979). CASE ANNOTATIONS 1. Action must be brought within one year after right accrues. Roe v. Comm'rs of Elk Co., 1 Kan. App. 219, 40 P. 1082; Merrill v. Ness County, 7 Kan. App. 717, 52 P. 109. 2. Section does not prevent compromise of doubtful claim. Comm'rs of Labette Co. v. Elliott, 27 Kan. 606, 609. 3. To recover illegal allowances court must have jurisdiction of person. Comm'rs of Kearny Co. v. Rush, 44 Kan. 231, 24 P. 484. 4. Payment of an illegal claim is not binding on county. Honey v. Jewell County, 65 Kan. 428, 70 P. 333. 5. Action brought only upon authority from county commissioners. Kerby v. Clay County, 71 Kan. 683, 81 P. 503. 6. Section cited but not construed. Marshall County Comm'rs v. Cummings, 140 Kan. 256, 257, 36 P.2d 332. 7. Demurrer to petition for recovery of excess fees paid for county printing overruled. Wilson County Comm'rs v. Hudson, 143 Kan. 454, 456, 457, 54 P.2d 994. 8. Action herein not barred by statutes of limitation; sections K.S.A. 60-514 (3) and 60-521 inapplicable. Board of County Commissioners v. Lewis, 203 Kan. 188, 189, 190, 453 P.2d 46. 9. Whether section's statutory penalty applies to charges previously paid for examined. Board of Trustees of Butler Co. Comm. College v. Board of Sedgwick Co. Comm'rs, 257 Kan. 468, 471, 893 P.2d 224 (1995). 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