The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-02-15

class having a population OIL more Thai
| fifty thousand, and relating to the acqul-
sition and maintenance of water-works by
and the supplying of such Cities and their
| 1nha bitantS with water.
| Be 1t enacted by the Legislature OF the
| State of Kansas:
| Section /. That any city of the first
class. having a population of over 50,COo
| is hereby empowered to acquire by the
exercise of the right of eminent domain
| ply plant including all pipes, mains, and
other appurtenances and rights and prop
real OF o. etheS wthn or
without such city or partly WITHIN ana
partly without such city: and Is further
the power of eminent domain any other
| property owned by any person or corpor-
alton, real or personal necessary to the
| construction, improvement, extension, en-
| joyment, or maintenance of water sup
| ply plant or the furnishing of water to
such city and its inhabitants SITUATED
either within or without any city.
| Sec. 2. The mayor and council OF any
city desiring to exercise the power OF EN-
| inent domain for the purpose here1nbe-
| fore mentioned shall. by resolution de-
clare 1t necessary and for the best inter-
visions iss Of this act, to acquire for said
city such property describing the property
| condemned and appropriated.
luton as is specified in the next preceding
section. the city passing the same. may ~
the county in which said city is located;
or to the judge of any court of genera
jurisdiction, having a clerk and seal, OF
| the county in which said city is located
for the appointment of three commission,
ers to make appraisement of the value OF
the property SO condemned, and for the
assessment of all damages. Said commls-
| sioners shall be residents and freehold-
ers of the county in which said city IS
located. Such appointment shan De mace mac,
| by the Judge of the court on the written
application of the city. by Its attorney or
legal Representatives. the appointment
shall be made in writing, under the hand
of the Judge. and delivered to the city
| applying therefor; the application for the
certificate of appointment shall be record
| ed in the office Of the register. Of deeds
| of the county in which said city Is 10
| Gated. In case-any vacancy occurs, or any
| fuse to serve on such board, the judge OF
| the court to which application is mace
shall appoint, in the manner herein pro
| vided, some other person or persons. nav
| ing the qualifications herein PROVIDED.
| Such commissioners shall be sworn 70
honesty and faithfaily discharge their ou-
| Sec. A. Upon their appointment and
| Qualification the said commissioners shall
give notice of the time and place OF their
meeting to value property sought to De &C
quired by the city, and to assess the dam
ages. Such notice shall be addressed TO
| Whom It May Concern and given by
publication. for thirty successive days
1exciuding Sundays next preceding the
| time fixed for said meeting in some daily i
newspaper published in such city. Said
notice shall specify that the purpose OF
the meeting Of the said commissioners IS
1
property condemned and the damages AT
| the time fixed by said notice. or at the
| time TO which said meeting may be ad-
journed. the said commissioners shall pro
| coed to ascertain and determine the vaiue
Of the property condemned by the CITY
| and the damages They may examine ex-
perts and resort to all means within their
power to arrive at the value of the prop
one interested therein, or who may be
/ affected by the condemnation proceedings
may be heard before said comm1ssioners
A6r1na mob
| them to enable said commissioners to ar
rive at the fair and equitable value OF the
property condemn,ed ana NAV rne adiourn as
| often and for such length of time as may
be deemed convenient and may during any
| or omissions in the giving of notice by
| serving new notices or making new publ,
cations, citing corporations or 1halv now, VA
| titled or to whom defective or insufficient
notice has been given, and notice OF any
| as notice of the first meeting of the com
| missioners. Upon the completion of their
hearing and delibeTations, the SAD com
ing, and shall forthwith file the same with
the clerk of the county in which the city
| is located. Said report shall be filed with
| in twenty DAYS from the date of the last
meeting of said commissioners.
| Sec. 5. An appeal shall be had to the
district court of the county in which sucn
| city Is located, by the owner, or any per-
I son interested or aggrieved, from the de-
| termination of the commissioners, as 10
the value of the property appropriated,
| and for all damages sustained by such in
terested or aggrieved party, In the same
manner as appeals are granted from the
| Judgment of a justice of the peace to the
district court; and said appeal and all
subsequent proceedings shall only AFFECT
the amount of compensation to be allow
| ed and shall not delay the city in taking
| possession of the property condemned, II
| said city shall deposit with the treasurer
/ Of the county in which said city is located.
as herein provided, for the use and ben
eft of the owners of said property or
| others interested therein; including parties
| having liens thereon, the amount OF the
/ award allowed. Upon the making of said
deposit said city may at once take pos
i session of the property condemned and
manage and control the same as herein
ton to the amount awarded by the COM
missioners be liable for such sums in ex-
cess thereof as may be recovered on any
appeal. and for the costs of said appeal.
| but if judgment for a less sum than
| awarded by the commissioners is recover
ed the city shall not be liable for sum
| In excess of such Judgment nor for the
| costs of said appeal.
Sec 6. The commissioners hereby re-
quired to perform duties shall be paid
| therefor by the city upon whose applica-
| ton they shall act and such city shall be
| liable to each of them for the sum of five
dollars per day for the time actually
spent by them In the performances of their
| duties under this act.
| Sec. 7. Within ten days after the COM
| missioners shall file their report and pro-
ceedings under this act, 1t shall be the
duty of the mayor and council of the city
instituting the condemnation proceedings
herein provided for. to call a special cleo
ton in said city for the purpose OF sub
hitting to the electors of said city prop
osition to vote bonds to raise money to
pay the amount of the award made by
the commissioners in their report If a
/ majority of the electors voting upon the
proposition so submitted, shall favor the
same, the mayor ana council OF saio CITY