County "right of entry" resolution repealed

On a 2-1 vote, the Jackson County Commissioners on Monday rescinded a “right of entry” resolution that was intended to allow county employees and contractors to enter onto private property, without permission, to inspect the exteriors of the properties when a violation was suspected.

Commissioners Keith Kelly and Linda Gerhardt voted in favor of rescinding the resolution and Commission Chairman Mark Pruett voted against it.

Originally passed on July 7, the resolution allowed county employees and contractors, such as Northeast Kansas Environmental Services, to enter onto private property to inspect the exteriors of private properties in the county if there was “reasonable suspicion” that a violation was taking place.

The resolution also stated that county employees and contractors could not enter a building or home on private property to inspect an issue unless they obtain an administrative warrant.

In addition, the resolution clarified that county residents who obtain a building permit or are participating in the Neighborhood Revitalization Program must allow county employees to inspect the exterior of their properties. If the homeowner refuses, then their building permit will be revoked or they will no longer be eligible for the Neighborhood Revitalization Program.   

At last week’s county commission meeting, Commissioner Kelly questioned whether the resolution was really needed at this time.

The commissioners revisited the issue on Monday morning at the Courthouse, and Commissioner Kelly made a motion to repeal the resolution, and it was seconded by Commissioner Gerhardt. The motion passed 2-1.

Chairman Pruett said he was still in favor of keeping the resolution.

“This is a resolution that basically puts down in black and white what is already allowed,” Commissioner Pruett said. “It spells out the rules.”

Without it, County Counselor Todd Luckman said county employees and contractors would not have the legal right to enter onto private property to inspect properties without permission from the landowners.

“Essentially, they are civil trespassing,” Luckman said. 

Commissioner Gerhardt asked if county officials “were covered” for outdoor inspections by the Open Fields Doctrine, which is a federal legal doctrine that allows law enforcement and other officials to enter and search open fields without a warrant and without violating the Fourth Amendment. 

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