The advocate and Topeka tribune., 1893-04-12
First published April Il, 1882
AN ACT

To provide for the construction and malnte
nance OF leVees,
Be C endcNGd by the Legislature Of the State of
Kansas:
SECTION /. That the board Of county COM
missloners OF any county In which ID Is pro
posed TO On-truct q levee, shall have the
constructed levee or levees, as herein pro-
vided, whenever such board may deem the
construction of such levee benefit to or will
promote the public health, convenience, or
SEC. :. whenever a petition is presented to
the board of county commissioners of the
county In which levee Is proposed to be con-
structed, signed by one or more Of the owners
on which such levee or any portion Of It ls pro-
posed to be constructed, or which will be 0ene-
flted by the construction OF such levee,
specifying substantially the place of begin
ming, the general course and termination Of
such levee, accompanied by bond with surety
approved by the clerk of such board, payable
to the state of Kansas, conditioned that the
petitioners will pay all costs and expenses ac-
cruing In the prOceedings,in in case such levee be
not finally located and Rll0Ne !, the board OF
county commissioners shall nx day for q
view, and one Of the petitioners, TO be desig-
mated by said board, shall cause he towneIs
of all land ON which 1t ig proposed to locate
such levee, or their agents, representatives, or
guardians, IL resident of the county, to be
view will be made. at least six days before
such view. II the owner OF any euch land 10
not resident of the county, or has no agent,
representative or guardian resident therein,
then notice shall be given such nonresident
owner by publication for at least one week In
some newspaper published In said county.
The members of the board of county commits
sionerS shall constitute the viewers, or such
board may appoint not exceeding three dlsln-
terested hOusehOldePs of such county to make
ann ui ftYnN AX-
ceedlng twenty days after such order,
SEC 3. The county clerk shall notify the
county surveyor Of the time and place fixed
for such view. and the surveyor shall attend
and assist In the view. In case of failure TO
meet on the day fixed, such viewers may meet
on any one of the next succeeding FIVE days
without further notice; and II 1t be ascert0lned
that notice has not been given to 9ll Of the
persons, as herein required, such viewers may
adjourn to time not exceeding twenty days,
and In the meantime notice shall be given TO
the person or persons not heretofore notined
Of the time to which such viewers adjourn. No
notice shall be required to be given to any
person who Is petitioner or who Is present at
such views In person or by agent or guardian.
SEC. 4. The viewers, or majority OF them,
shall meet ct the time and place designated,
and proceed to view, locate and lay out the pro-
posed levee, determine the height and dimen-
slons thereof, and make an estimate of the
cost thereof on or along each division of land
of the several owners They shall mark and
determine the boundaries of the land to be
taken In the construction of such levee, deter
mine the amount Of damage each owner Of
land claiming damages is entitled to. In de-
termlnlng the damages to be allowed, the
benefit such levee will be to the remaining
part of the land Of such owner shall be taken
Into consideration. The decision of the viewers
as to damages and benefits shall be deemed
the decision of the board of county commits
siOners, and an appeal may be taken therefrOm
to the district court, in the same manner Rs ig
-. al-n ksn- -
county commissioners In other matters. If on
such appeal the appellant recover no greater
amount than Is allowed him by the viewers, no
shall be adJudged to pay all costs: ProvIdsd,
that the payment OF said damages shall be Sc
cured by the giving and Ming with the county
clerk Of an undertaking to that effect with
sureties to the acceptance and approval Of
the county clerk, said bond to be approved and
flled before the construction. or the leVee is
begun.
sFC,5, The surveyor shall make out and file
with the county clerk, within i've days after
the completion Of said view, certified return
of such survey, showing the dimensions and
boundaries of the land to be taken for such
leVee, together with map Of the lands which
In the opinion Of the viewers will be directly
benefited by such leVee, and said viewers shall
ale with the clerk report signed by them,
showing their proceedings upon such view,
the sever,l amounts of damages and TO whom
allowed. designating the several tracts Of land
that will be benefited by the construction of
said levee and the proportion Of benefit to
each Of said tracts of land, the length and
amount of leVee to be constructed on each
tract of land and the estimated expense aud
cost thereof, and II any public highway or
railroad Is benefited thereby, the amount
RppOrt,oned to such highway or railroad.
SEC. 8. II the report OF the viewers Is un:
favorable, no further proceedings shall be had
under the petition. II such report be favorable,
he board OF county commissioners shall, with
In ten days after the report and survey have
been filed, consider such report and IL IL finds
that the cost thereof will not be too burden
some upon the persons to be directly bene.
fited, the board shall make uln order esta-
blishlng such levee, and cause 1t to be
constructed at the expense Of the parties
to be diFecJly bent f1ted thereby.
SEC Z. As soon as practical after ordering
said levee constructed, the county board shall
employ some o0mpe tent Person who shall de-