NICK GOSNELL
Hutch Post
HUTCHINSON, Kan. — The law in Kansas says that staff from the county appraiser's office can go on to your property to assess its value, whether you are home or not.
According to Kansas state statute 79-501, 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. With that said, Reno County Appraiser Michael Plank isn't interested in having his staff get into disputes with anyone and that is consistent with the prevailing attorney general's opinion from 1982.
"State law tells us that we have to visually inspect every property a minimum of once every six years," Plank said. "State law tells us we have to go do that, I feel like that inherently gives us the right to go on your property to do that. If you are home, or if you have one of those Ring cameras or something like that and we communicate with you and you say, you know what, I don't really want you on my property, ask us nicely and we'll leave."
The 1982 opinion says that if it is necessary, an appraiser can seek a court order for permission to enter property. Hutch Post reached out to County Attorney Tom Stanton and County Counselor Patrick Hoffman to try to find out if there has ever been an occasion in Reno County where the appraiser has had to use that mechanism. Neither Hoffman or Stanton have any record of ever having to go to that step.