County commissioners in Kansas got clarification on what authority the appraiser's office has when entering private property to perform an inspection and view property. The issue comes down to what constitutes a violation of private property when inspections are warranted.
That question was turned over to Bourbon County Counselor Justin Meeks for research. Meeks said he spoke to county appraiser Clinton Anderson and sought an opinion from the state attorney general.
“There was a question about whether the field people can go into a fenced yard,” Commission Chair Barbara Albright told The Fort Scott Tribune
According to the Kansas state statute 79-6501, the appraisal of property must “be based upon an actual view and inspection of the property,” which means there is “the implied authority for the appraiser to enter upon real property to perform these functions, without such action constituting a trespass.”
The statute also states the appraiser’s office is not required to obtain permission from the property owner, and when the appraiser’s entry onto property is opposed, the appraiser has the authority to proceed through legal channels.
“The appraiser’s staff is making an attempt to notify the landowner first. The appraiser’s office staff has the authority to walk around the property, even if the landowner is not home,” Meeks said. “If there is an issue with the appraiser requesting access to the property and the landowner saying, ‘No, I don’t want it,’ then there are recourses through district court. He has every right to do a viewing. The landowner can delay it, but it’s not going to stop the viewing."
The county counselor also stated that if there is a no trespass sign posted on the property, the appraiser’s office has the “statutory authority to step off the sidewalk and onto that property,” he said.