Kansas Statutes Annotated

K.S.A. § 19-212 (2026)

Powers of board of commissioners

✓ current as of May 2026

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19-212. Powers of board of commissioners. The board of county commissioners of each county shall have the power, at any meeting:

First. To make such orders concerning the property belonging to the county as they may deem expedient, including the establishing of regulations, by resolution, as to the use of such property and to prescribe penalties for violations thereof.

Second. To examine and settle all accounts of the receipts and expenses of the county, and to examine and settle and allow all accounts chargeable against the county; and when so settled, they may issue county orders therefor, as provided by law.

Third. To purchase sites for and to build and keep in repair county buildings, and cause the same to be insured in the name of the county treasurer for the benefit of the county; and in case there are no county buildings, to provide suitable rooms for county purposes.

Fourth. To purchase an existing building and the site upon which it is located for the purpose of providing additional space for county offices and to remodel and equip the same.

Fifth. Apportion and order the levying of taxes as provided by law.

Sixth. To represent the county and have the care of the county property, and the management of the business and concerns of the county, in all cases where no other provision is made by law.

Seventh. To set off, organize, and change the boundaries of townships in their respective counties, to designate and give names therefor, and to appoint township officers for such new townships which officers shall serve until the next general election; to fix time and place of holding the first election therein.

Eighth. To establish one or more election precincts in any township, as the convenience of the inhabitants thereof may require.

Ninth. To lay out, alter or discontinue any road running through one or more townships in such county, and also to perform such other duties respecting roads as may be provided by law.

Tenth. To enter into contracts with any landowners for the construction and maintenance of underpasses, bridges and drainageways under and across any county road in connection with the locating, opening, laying out, construction or alteration of any county road running across or through such landowner's land, whenever in the judgment of the board of county commissioners such contract is to the best interests of the county. Any such contract entered into by the board of county commissioners shall be binding upon subsequent boards of county commissioners and shall not be terminated without the written consent of said landowner or his heirs or assigns.

Eleventh. To contract for the protection and promotion of the public health and welfare.

Twelfth. To acquire, own and operate a county airport.

Thirteenth. To perform such other duties as are or may be prescribed by law.

History: G.S. 1868, ch. 25, § 16; L. 1911, ch. 141, § 1; R.S. 1923, 19-212; L. 1953, ch. 139, § 1; L. 1963, ch. 151, § 1; L. 1972, ch. 70, § 1; July 1.

Notes of Decisions

Cited in 16 cases, 1927–2017 · leading case: Gomez v. Hug, 645 P.2d 916 (Kan. Ct. App. 1982).

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Gomez v. Hug, 645 P.2d 916 (Kan. Ct. App. 1982). · cites it 2× “Whether a municipal corporation may be held liable for the wrongful acts of public officers depends on whether the officer occupies the status of agent or servant of the municipality.”

Bd. of Lincoln Cnty. Comm'rs v. Nielander, 62 P.3d 247 (Kan. 2003). “A board of county commissioners may not require an elected official to obtain prior approval by the board for expenditures that are necessary for the elected official to carry out statutory duties, however.”

Davenport Pastures, LP v. Morris Cnty. Bd. of Cnty. Commissioners, 238 P.3d 731 (Kan. 2010). · cites it 2× “On the one hand, the statute charges commissioners with determining the monetary damages owed by their county to a private citizen whose land abuts a public roadway now abandoned by the county.”

Perry v. Bd. of Franklin Cnty. Comm'rs, 132 P.3d 1279 (Kan. 2006). · cites it 2× “19-101c (powers granted counties pursuant to this act shall be liberally construed for the purpose of giving to counties the largest measure of self-government); K.S.A. 19-212 Second (board has power to examine and settle all accounts of the receipts and expenses of the county,…”

Weber v. Bd. of Com'rs of Marshall Cnty., 221 P.3d 1094 (Kan. 2009). · cites it 2× “" K.S.A. 19-212; K.S.A. 19-229. Because a board has such expansive authority regarding county governance, this court's review of a board's actions is limited and depends upon the conduct at issue.”

Woodard v. Jefferson Cnty., 18 F. App'x 706 (10th Cir. 2001). “specific powers of county, including to sue and be sued, to purchase, hold, and sell property for county use and make orders respecting the use of that property, to make contracts in relation to county property and concerns, to exercise powers of home rule to determine their…”

Gonser v. Bd. of Cnty. Commissioners, 562 P.2d 102 (Kan. Ct. App. 1977). · cites it 2× “234-235) K.S.A. 19-212 is a statement of the general powers of a board of county commissioners.”

Martin v. Stites, 4 F. App'x 621 (10th Cir. 2001). · cites it 12× “§ 19-101a statutory requirements is not necessary because the Commissioners can enact a law or regulation under K.S.A. § 19-212. Specifically, K.S.A. § 19-212 states: “The board of county commissioners of each county shall have the power, at any meeting: .”

Concannon v. Bd. of Cnty. Commissioners, 626 P.2d 798 (Kan. Ct. App. 1981). “Each organized county within this state is a body corporate and politic and is empowered to sue and be sued.”

State Ex Rel. Cole v. City of Garnett, 304 P.2d 555 (Kan. 1956). · cites it 2× “It did not attempt to pass title to the city, and the transaction did not come within the purview of Section 19-211, but rather it must be deemed to have been an exercise of the administrative and legislative powers, and discretion of the commission in caring for county property…”

Long v. Bd. of Cnty. Commissioners, 864 P.2d 724 (Kan. 1993). “K.S.A. 19-212; K.S.A. 19-229. The Sheriff then filed a motion for rehearing and apparently for the first time contended he had inadvertently failed to include in the petition to intervene that attorney fees were authorized under K.”

Weber v. Bd. of Cnty. Commissioners, 221 P.3d 1094 (Kan. 2009). · cites it 2× “” K.S.A. 19-212; K.S.A. 19-229. Because a board has such expansive authority regarding county governance, this court’s review of a board’s actions is limited and depends upon the conduct at issue.”

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