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§ 9. Internal improvements; state highway system; flood control; conservation or development of water resources. The state shall never be a party in carrying on any work of internal improvement except that: (1) It may adopt, construct, reconstruct and maintain a state system of highways, but no general property tax shall ever be laid nor general obligation bonds issued by the state for such highways; (2) it may be a party to flood control works and works for the conservation or development of water resources; (3) it may, for the purpose of stimulating economic development and private sector job creation in all areas of the state, participate in the development of a capital formation system and have a limited role in such system through investment of state funds authorized in accordance with law; (4) it may be a party to any work of internal improvement, whenever any work of internal improvement not authorized by (1), (2) or (3) is once authorized by a separate bill passed by the affirmative vote of not less than two-thirds of all members then elected (or appointed) and qualified to each house, but no general property tax shall ever be laid nor general obligation bonds be issued by the state therefor; and (5) it may expend funds received from the federal government for any public purpose in accordance with the federal law authorizing the same.

History: Originally adopted by convention as § 8, July 29, 1859; ratified by electors, October 4, 1859; L. 1861, p. 63; L. 1919, ch. 331, § 2; L. 1928, ch. 3 (Special Session); renumbered as § 9, L. 1931, ch. 300, § 2; L. 1957, ch. 236, § 1; L. 1980, ch. 350, § 1; L. 1986, ch. 432, § 1; August 5, 1986.

Revisor's Note:

This section was originally § 8 and was renumbered § 9 by authority of L. 1931, ch. 300, § 2.

Law Review and Bar Journal References:

"Legal Aspects of Kansas Water Resources Planning," John C. Peck and Doris K. Nagel, 37 K.L.R. 199 (1989).

Attorney General's Opinions:

State historical society; national historic preservation act of 1966; internal improvements. 79-27.

Public television; works of internal improvement under article 11, section 9. 80-55.

Cities and municipalities; port authorities; inclusion of railroad facilities. 80-95.

Finance and taxation; internal improvements. 80-259.

Internal improvements; state supervision of improvements. 81-47.

Internal improvements; Kansas department of economic development. 81-105.

State water plan; agreements with federal government for water storage; permissible uses. 82-66.

Registration of vehicles; collection and use of registration fees. 82-76.

Conservation districts; authority to engage in commercial activities. 82-191.

Finance and taxation; internal improvements. 82-257.

State water plan; agreement with federal government for water storage; payment dependent on appropriations. 83-21.

Finance and taxation; internal improvements; railroad loan guarantee fund. 83-61.

Agricultural hall of fame; state aid; internal improvements. 83-95.

Finance and taxation; internal improvements; public improvements debts. 84-13.

Finance and taxation; internal improvements; development of water resources. 84-102.

Work of internal improvement; contract between the department of commerce and the national association of state workforce agencies examined. 2009-13.

CASE ANNOTATIONS

1. Section applies to state in sovereign capacity, not to counties. Leavenworth County v. Miller, 7 Kan. 479, 490; The State, ex rel., v. Nemaha County, 7 Kan. 542; Morris v. Morris County, 7 Kan. 576.

2. Construction, operation, etc., of oil refinery is "work of internal improvement." The State v. Kelly, 71 Kan. 811, 836, 81 P. 450.

3. Section construed with other inhibition sections. The State v. Lawrence, 79 Kan. 234, 281, 100 P. 485.

4. Laws of 1907, ch. 286 (66-1059 herein), authorizing bonds aiding railroads, not repugnant hereto. Railroad Co. v. Nation, 82 Kan. 345, 350, 108 P. 102.

5. Improvement of county roads, valid; state not party to improvement. The State, ex rel., v. Raub, 106 Kan. 196, 201, 186 P. 989.

6. Statute cannot direct that more than 25% of cost of road be paid by state. State, ex rel., v. Gardner, 122 Kan. 508, 252 P. 463.

7. It is state policy for neither state nor subdivisions to engage in commercial enterprise. State, ex rel., v. Kaw Valley Drainage District, 126 Kan. 43, 49, 267 P. 31; State, ex rel., v. City of Hiawatha, 127 Kan. 183, 186, 272 P. 113.

8. Collection of motor-fuel tax does not violate section. State, ex rel., v. Snell, 127 Kan. 859, 275 P. 209.

9. State waived immunity from suits against highway commission. McCandliss Const. Co. v. Neosho County Comm'rs, 132 Kan. 651, 652, 296 P. 720.

10. Cited in setting out authority of school book commission to secure texts. State, ex rel., v. Allen, 133 Kan. 376, 299 P. 630.

11. Cited in determining liability of state highway commission in tort. Payne v. State Highway Comm., 136 Kan. 561, 566, 16 P.2d 509.

12. Cited in determining liability for cost of highway improvement within city. State, ex rel., v. State Highway Comm., 137 Kan. 800, 812, 22 P.2d 969.

13. Cited in holding state highway act for federal loan constitutional. State, ex rel., v. State Highway Comm., 138 Kan. 913, 916, 917, 919, 921, 28 P.2d 770.

14. State fish and game act for federal loan contravenes section. State, ex rel., v. Atherton, 139 Kan. 197, 203, 205, 30 P.2d 291.

15. Kansas Constitution (Article 2, § 24) not applicable to highway fund. State, ex rel., v. State Highway Comm., 139 Kan. 391, 392, 394, 32 P.2d 493.

16. Cited in discussing evolution of state highway system. State, ex rel., v. State Highway Comm., 139 Kan. 858, 859, 33 P.2d 324.

17. Ordinance regulating use of streets by oil transport trucks held valid. Ash v. Gibson, 145 Kan. 825, 839, 67 P.2d 1101.

18. Highway commissioners not personally liable for injuries resulting from official acts. Gresty v. Darby, 146 Kan. 63, 65, 68 P.2d 649.

19. Cited; property taken without condemnation; adequate legal remedy; mandamus writ denied. Atchison v. State Highway Comm., 161 Kan. 661, 665, 171 P.2d 287.

20. Sale of land not needed by state highway commission valid. State, ex rel., v. State Highway Comm., 163 Kan. 187, 188, 191, 201, 182 P.2d 127.

21. State may issue tax anticipation warrants payable solely from excise tax; "state system of highways" defined; state may classify all highways. State, ex rel., v. State Commission of Revenue and Taxation, 163 Kan. 240, 245, 246, 247, 249, 181 P.2d 532; Farmers Union C.C.E. v. Director of Revenue, 163 Kan. 266, 267, 268, 181 P.2d 541.

22. State immune from suits in federal courts unless immunity waived. Dunnuck v. Kansas State Highway Commission, 21 F. Supp. 882.

23. Student dormitory not "internal improvement"; "internal improvements" and "public improvements" distinguished. State, ex rel., v. Board of Regents, 167 Kan. 587, 588, 597, 598, 207 P.2d 373.

24. Kansas turnpike authority act (K.S.A. 68-2001 through 68-2020) does not contravene section. State, ex rel., v. Kansas Turnpike Authority, 176 Kan. 683, 691, 273 P.2d 198.

25. Watershed act considered as special, because if general it violated this section; act unconstitutional under Article 2, Section 17. State, ex rel., v. Hodgson, 183 Kan. 272, 286, 326 P.2d 752.

26. "State highway system" created by statute distinguished from "state system of highways." Kiewit & Sons' Co. v. State Highway Comm., 184 Kan. 737, 739, 741, 743, 339 P.2d 267.

27. Private citizen ordinarily cannot maintain action to determine power or authority of governmental agency; exception. Rowlands v. State, 187 Kan. 174, 176, 354 P.2d 674.

28. Mentioned; city has authority to subject state owned property to special assessments. State Highway Commission v. City of Topeka, 193 Kan. 335, 336, 393 P.2d 1008.

29. Sale of revenue bonds for construction of southeast Kansas turnpike held constitutional. Southeast Kansas Landowners Ass'n v. Kansas Turnpike Auth., 224 Kan. 357, 371, 582 P.2d 1123.

30. Legislative approval of port authority not unconstitutional state involvement in internal improvement. State ex rel. Tomasic v. Kansas City, Kansas Port Authority, 230 Kan. 19, 22, 630 P.2d 692 (1981).

31. Prohibition is on the state as a state; Legislature may authorize public or private corporations or individuals to construct internal improvements. State ex rel. Tomasic v. Kansas City, Kansas Port Authority, 230 Kan. 404, 421, 636 P.2d 760 (1981).

32. Industrial revenue bond 10-year tax exemptions (K.S.A. 79-201a Second) not state involvement in works of internal improvements. State ex rel. Tomasic v. City of Kansas City, 237 Kan. 572, 588, 701 P.2d 1314 (1985).