Action by injunction to abate nuisance; procedure; fees of prosecuting attorneys; closing and padlocking; bond of owner, lessee or occupant

41-806. Action by injunction to abate nuisance; procedure; fees of prosecuting attorneys; closing and padlocking; bond of owner, lessee or occupant. The attorney for the director when ordered by the director, or county attorney in the county in which such nuisance exists, or is kept or maintained, may maintain an action by injunction, in the name of the state of Kansas, to abate and temporarily or permanently to enjoin such nuisance. The court shall have the right to make temporary and final orders as in other injunction proceedings. The plaintiff shall not be required to give bond in such action. Upon final judgment against the defendant, such court shall allow the attorneys for the state of Kansas a reasonable fee for prosecuting the action which shall be taxed as costs and shall also order that such room, house, building, structure, boat or place of any kind shall be closed and padlocked for a period of not less than three (3) months nor more than two (2) years, and until the owner, lessee, tenant or occupant thereof shall give bond with sufficient surety to be approved by the court making the order, in the penal sum of not less than one thousand dollars ($1,000), payable to the state of Kansas, and conditioned that no alcoholic liquor will for a period of two years thereafter be manufactured, possessed, sold, bartered or given away or furnished or otherwise disposed of thereon or therein, or kept thereon or therein with intent to sell, barter, give away, or otherwise dispose of the same, contrary to this act, and that he and his surety will pay all fines and costs assessed against him for any violation of this act. If any condition of such bond be violated, the whole amount may be recovered as a penalty for the use of the state of Kansas; and, in such suit on the bond, both principal and surety may be joined as party defendants, and satisfaction may be had from either of them. In such action a notice to nonresident defendants may be given by publication as authorized by law under the code of civil procedure, or upon their agents for service in this state, if any. History: L. 1949, ch. 242, § 95; March 9. Law Review and Bar Journal References: Vice-repression laws in Kansas, Thomas A. Larremore, 19 J.B.A.K. 352, 356 n. 19 (1951). Illegal use and alienation of homestead, Daniel C. Sullivan, 5 W.L.J. 296, 297, 298 (1966). Discussed with respect to art. 15, § 9 of Kansas constitution, John H. Johntz, Jr., 14 K.L.R. 193, 208 (1965). "Survey of Kansas Homestead Law," 13 W.L.J. 447, 469 (1974). "Kansas Homestead Law," Roger L. Theis and Karl R. Swartz, 65 J.K.B.A. No. 3, 20, 22, 43 (1996). CASE ANNOTATIONS 1. Cited; nuisance injunction issued under former law is still enforceable; padlock order may be modified hereunder; dicta. State v. Coleman, 168 Kan. 159, 163, 164, 211 P.2d 81. 2. Tavern adjudged nuisance ordered enjoined and padlocked; no abuse of discretion. State v. Wilson, 170 Kan. 194, 196, 197, 224 P.2d 669. 3. Padlock order for minimum period mandatory when premises declared common nuisance. State, ex rel., v. Russell, 171 Kan. 709, 711, 237 P.2d 363. 4. Attorneys' fees allowed state's attorneys in action to enjoin and abate nuisance hereunder. State v. Larkin, 173 Kan. 112, 113, 123, 244 P.2d 686. 5. Mentioned; conviction and sentence for violation of liquor act upheld. State v. Thomas, 177 Kan. 230, 234, 277 P.2d 577. 6. Construed and applied; injunction to abate common nuisance, who may maintain action; director not vested with exclusive control and enforcement of act. State, ex rel., v. Hines, 178 Kan. 142, 145, 283 P.2d 472. 7. Allegations that club permitted drinking of alcoholic liquors in place accessible to general public stated cause of action for injunction. State, ex rel., v. Grace, 194 Kan. 116, 117, 118, 397 P.2d 331. 8. Petition to enjoin maintenance of nuisance in permitting consumption of liquor on premises stated cause of action. State, ex rel., v. Kansas Super Motels, Inc., 194 Kan. 169, 170, 171, 173, 398 P.2d 331. 9. No authority to padlock homestead because of conflict with Kansas constitution. State, ex rel., v. Mitchell, 194 Kan. 463, 464, 467, 399 P.2d 556. 10. Provisions of K.S.A. 65-4135(a)(7)(A) of uniform controlled substances act permitting forfeiture of homestead violate Kansas Constitution. State ex rel. Braun v. A Tract of Land, 16 Kan. App. 2d 757, 762, 829 P.2d 600 (1992); aff'd. 251 Kan. 685, 687, 840 P.2d 453 (1992). 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