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§ 1. Counties. The legislature shall provide for organizing new counties, locating county seats, and changing county lines; but no county seat shall be changed without the consent of a majority of the electors of the county; nor any county organized, nor the lines of any county changed so as to include an area of less than four hundred and thirty-two square miles.

History: Adopted by convention, July 29, 1859; ratified by electors, October 4, 1859; L. 1861, p. 60; January 29, 1861.

Law Review and Bar Journal References:

Kevin Salazar, Independent Counsel: The Interest of Justice Demands Neutral Prosecution in Local Affairs, 32 Kan. J.L. & Pub. Pol'y 123 (2023).

Attorney General's Opinions:

County-city consolidation; legislative authority; delegation and guidelines. 97-21.

CASE ANNOTATIONS

1. Legislative recognition of validity of county organization renders same valid. The State, ex rel., v. Comm'rs of Pawnee Co., 12 Kan. 426, 439.

2. Legislature may abolish counties, and county seats go with them. Division of Howard Co., 15 Kan. 194, 195, 215.

3. Legislature may provide that majority of votes cast constitutes a majority of the electors of the county. County Seat of Linn Co., 15 Kan. 500, 501, 527.

4. After constitutional consent, Legislature may change or submit to vote. County Seat of Osage Co., 16 Kan. 296, 299.

5. Limitation as to area applies to organized and unorganized counties. The State, ex rel., v. St. John, Governor, 21 Kan. 591, 599.

6. Act reducing Stafford county below constitutional limit unconstitutional. School District v. The State, 29 Kan. 57, 60.

7. After legislative recognition, election held as of unorganized county, nullity. The State, ex rel., v. Comm'rs of Harper Co., 34 Kan. 302, 304, 8 P. 417.

8. Legislature has power to abolish county organization. The State, ex rel., v. Hamilton, 40 Kan. 323, 19 P. 723.

9. After electors select county seat, law may require retention. The State, ex rel., v. Sanders, 42 Kan. 228, 234, 21 P. 1073.

10. County seat remains where located until lawfully changed. The State, ex rel., v. Comm'rs of Atchison Co., 44 Kan. 186, 189, 24 P. 87.

11. Election which Legislature could have provided for may be validated. The State, ex rel., v. Burton, 47 Kan. 44, 48, 27 P. 141.

12. Validity of county organization hereunder may not be attacked collaterally. In re Short, Petitioner, 47 Kan. 250, 253, 27 P. 1005.

13. Act of 1887, organizing Garfield county below constitutional limit, void. The State, ex rel., v. Comm'rs of Garfield Co., 54 Kan. 372, 38 P. 559.

14. De facto organization of county, until act declared unconstitutional, discussed. Riley v. Garfield Township, 58 Kan. 299, 300, 49 P. 85.

15. County officers required to keep their offices at county seat. The State v. Scott Co., 58 Kan. 491, 495, 49 P. 663.

16. Officer de facto cannot recover compensation for services performed. Garfield Township v. Crocker, 63 Kan. 272, 273, 65 P. 273.

17. Legislature has power to abolish counties and county organizations. Gratney v. Wyandotte County, 111 Kan. 160, 167, 207 P. 209.

18. Legislature has full control over organization of new counties. Comanche County v. Lewis, 133 U.S. 198, 10 S. Ct. 286, 33 L.Ed. 604.

19. County seat relocation; sufficiency of vote; "elector" defined; statutes construed. Dunn v. Board of County Comm'rs of Morton County, 165 Kan. 314, 318, 323, 194 P.2d 924.

20. Statutes construed; vote considered and applicable provisions of this section held satisfied; county seat relocated. State, ex rel., v. Board of County Commissioners, 188 Kan. 318, 319, 321, 362 P.2d 81.