K.S.A. » Chapter 46
Kansas Statutes Annotated

K.S.A. § 46-901 (2026)

✓ current as of May 2026
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46-901.

History: L. 1970, ch. 200, § 1; Repealed, L. 1979, ch. 186, § 33; July 1.

Notes of Decisions
Cited in 39 cases (1 in the last 5 years), 1973–2022 · leading case: Brown v. Wichita State Univ., 547 P.2d 1015 (Kan. 1976).
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Brown v. Wichita State Univ., 547 P.2d 1015 (Kan. 1976). · cites it 51× “Assuming the answer to the foregoing question is in the affirmative, does Chapter 200, Laws of 1970, (K.S.A. 46-901 et seq. ) offend constitutional guarantees in Sections 1, 2 and 18 of the Kansas Bill of Rights, the Fourteenth Amendment to the Constitution of the United States…”
Flax v. Kansas Tpk. Auth., 596 P.2d 446 (Kan. 1979). · cites it 38× “This time the application of K.S.A. 46-901 to highway defects upon the Kansas turnpike is in question.”
Brown v. Wichita State Univ., 540 P.2d 66 (Kan. 1975). · cites it 25× “Following a hearing on defendant's motion, the district court held: (1) the governmental immunity statutes, K.S.A. 46-901 et seq., were constitutional and barred plaintiffs' tort and implied warranty claims against Wichita State, and (2) assuming for purposes of the summary…”
Schmeck v. City of Shawnee, 651 P.2d 585 (Kan. 1982). · cites it 5× “The legislature immediately reinstated governmental immunity by enacting K.S.A. 46-901 (Weeks) and 46-902 (Weeks) (now repealed).”
Durflinger v. Artiles, 673 P.2d 86 (Kan. 1983). · cites it 4× “K.S.A. 46-901 (Weeks) was the governmental immunity statute in effect at the pertinent time herein (1974).”
Nocktonick Ex Rel. Matson v. Nocktonick, 611 P.2d 135 (Kan. 1980). · cites it 4× “The legislature at its next session enacted K.S.A. 46-901 et seq., (L. 1970, ch. 200, §§ 1-13) and reimposed legislatively the governmental immunity which the court in Carroll v.”
Hendrix Ex Rel. Smith v. City of Topeka, 643 P.2d 129 (Kan. 1982). · cites it 5× “At this point in time both the state and municipality had immunity from any tort liability therefor, pursuant to K.S.A. 46-901 et seq. [repealed L. 1979, ch.”
Wheat v. Finney, 630 P.2d 1160 (Kan. 1981). · cites it 8× “In 1970, K.S.A. 46-901 was passed providing: “(a) It is hereby declared and provided that the following shall be immune from liability and suit on an implied contract, or for negligence or any other tort, except as is otherwise specifically provided by statute: “(1) The state of…”
Griffin v. Rogers, 653 P.2d 463 (Kan. 1982). · cites it 5× “The action against the Park Authority, therefore, sounds in tort, and it is immune from liability under K.S.A. 46-901 (Weeks), then in effect, unless it waived its immunity.”
Hopkins v. State, 702 P.2d 311 (Kan. 1985). · cites it 2× “The legislature responded to the Carroll decision by enacting K.S.A. 46-901 et seq. (Weeks). These statutes declared the state, its departments, agencies, institutions, etc.”
Durflinger v. Artiles, 727 F.2d 888 (10th Cir. 1984). · cites it 4× “139 K.S.A. 46-901 (Weeks) was the governmental immunity statute in effect at the pertinent time herein (1974).”
State Ex Rel. Stephan v. Kansas House of Representatives, 687 P.2d 622 (Kan. 1984). · cites it 2× “, was enacted, which subjects governmental entities to liability for damages caused by the negligence of its employees acting within the scope of their employment.”
Show all 39 citing cases →
— K.S.A. § 46-901(a) — 2 cases
Durflinger v. Artiles, 673 P.2d 86 (Kan. 1983). “K.S.A. 46-901 (Weeks) was the governmental immunity statute in effect at the pertinent time herein (1974).”
Wheat v. Finney, 630 P.2d 1160 (Kan. 1981). “In 1970, K.S.A. 46-901 was passed providing: “(a) It is hereby declared and provided that the following shall be immune from liability and suit on an implied contract, or for negligence or any other tort, except as is otherwise specifically provided by statute: “(1) The state of…”
— K.S.A. § 46-901(c) — 1 case
Griffin v. Rogers, 653 P.2d 463 (Kan. 1982). “The action against the Park Authority, therefore, sounds in tort, and it is immune from liability under K.S.A. 46-901 (Weeks), then in effect, unless it waived its immunity.”
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