Kansas Statutes Annotated

K.S.A. § 41-806 (2026)

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

✓ current as of May 2026

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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.

Notes of Decisions

Cited in 6 cases, 1954–1992 · leading case: State Ex Rel. Braun v. a Tract of Land, 840 P.2d 453 (Kan. 1992).

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State Ex Rel. Braun v. a Tract of Land, 840 P.2d 453 (Kan. 1992). · cites it 2× “In Mitchell , this court held that a provision of the intoxicating liquor law, K.S.A. 41-806, “insofar as it applies to the padlocking of a homestead, is in conflict with Article 15, section 9 [the homestead exemption], of our state constitution.”

State Ex Rel. Braun v. a Tract of Land in the Nw. Quarter of Section Four, Twp. Eleven South, Range Nineteen West of the 6th P.M.A Tract of Land in the Nw. Quarter of Section Four, Twp. Eleven South, Range Nineteen West of the 6th P.M., 829 P.2d 600 (Kan. Ct. App. 1992). · cites it 2× “Mitchell was an action “to abate a liquor nuisance” pursuant to K.S.A. 41-806. 194 Kan. at 464 . The Kansas Supreme Court concluded the provisions of K.”

State v. Thomas, 277 P.2d 577 (Kan. 1954). · cites it 2× “The court after hearing the evidence found that defendant’s tavern or place of business was a common nuisance, and ordered the premises padlocked for not less than one nor more than two years, and until defendant should give bond as provided by section 41-806. Defendant appealed…”

State ex rel. Mathews v. Hines, 283 P.2d 472 (Kan. 1955). · cites it 4× “) Section 41-806 provides: “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…”

State ex rel. Ferguson v. Grace, 397 P.2d 331 (Kan. 1964). · cites it 2× “Section 41-806, supra, under which this action was instituted, sets forth the procedures for abating such a nuisance and prescribes the judgment which is to be entered.”

City of Garden City v. Lot Nine, Block Three, 819 P.2d 1250 (Kan. Ct. App. 1991). “The court held such án order would violate article 15, § 9 of the Kansas Constitution.”

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