The Topeka state journal., 1909-03-25
LEGAL.
LEGAL.
published in The Topeka State Journal
March 25, 1901
HOUSE BILL No. 90.

| so to read as follows Sec 8 After
drainage commissioners for the second
time. with directions to proceed with the I
provided IN the second section of this act |
the commissioners, in case there be no
proceeding in error from the Judgment |
and order of the court, or in case the |
petition be sustained error shall pro-
ceed accordingly and determine definite
ly the best and cheapest method of drain
| age; the route. location and character
by metes and bounds courses, distances, /
ana, ana description, grades End bench
branches. so as to provide for complete |
drainage of all the lands to be affected |
| by the proposed work; divide the drain
set Sne di,t hundred ore feet in length; compute and
cavation in each section; and assess the
te beneIlts eIni5 or damages as the case may be,
fected and to easements held by rail
| +oaqs or other corporations, as well as
pallties, including any land, rights, ease
Liehts or Water-power injuriously affect
~ 1ffissioners, !soI In locating the line line
line described in the petition as they may
0r 0rein NJ pest, and may fix the beginning
suits; they may run the line nee so oeSa as to
5ne1lfs 1v0la an injury possible to lands. ease
benefit public highways by using the
eaartn excavated for road beds, or in any |
in no case shall they so change or CON
struct the work as to sacrifice the OBJ
that the method of drainage shall be nv |
remr1oving distractions from a natural or
arsttflciaI watercourse. or diverting such
Matercourse from its channel; by deepen i
ing, widening or changing the channel of Il
sinfh sifqdi wTatercourse; by constructing an ar
ehan ohhannches; by providing that such drain
SaatI snail be open or tiled and covered, or
by shovel, dredge, or otherwise: by con-
methods 7ad- do
mat that such drain shall not be located SO II
moTe Nose 10 10 any lake covering two acres or
ievel OF the lake, and shall at no point
be nearer than. twenty rods to the high
where such drain empties into such lake
e2i CP3n the fllng of such report. ten days
sundays, shall be allowed to any per
son son or corporation affected by such drain
eflts or damages, to remonstrate in writ
ing against the report, which remon-
any of the following causes: u That the
report Is not made according to law; (2)
ages assessed for any person or persons
or corporation or corpora tions. are either
monstrance is preserved to ali persons
ana fd corporations affected by said drain
in which the benefits are assessed against
or damages assessed for the remonstrant
ed by the drainage It Is Psoh the infenfon aIiee5
that any person affected by such drain
said report7 shall have the rig Right p@r' Of rel el
monstrance against the same. After the
of such report. the Court T Shall, he at Inns its
earliest convenience, take up. hear and
said report, and if -aupon the hearing {
it being decided that, the first of the
true the court may direct the 'd9aGe drafnage rs
commissioners to amend and perfect their
aside the report and refer the n matter
again again to the commissioners for a new
amendment of their report or for a new {
report, the court shall fix the time and
sioners, and when they shall report; and
Whlch such amended report or such new !
Il afeeted e9d fse serebpy
lands are affected thereby, may remon- I
the in this 'a aection re hereinbefdpe nbe
provided If any remonstrance on ac- !
OF benefits or damages shall be sus-
ttalned. the court may modify and equal l l
quire. by diminishing or increasing any I
assessment ass for benefits, or by giving or !
Ifnnodaing; or increasing T or diminishing
4etermlnlng all remonstrances and modi-
atlons who are shown by such report to
pc AFFECTED or whose lands are shown 5
the petition as affected, or who have ap- !
seTYed 10 10 the Petltio9 or who have been
ton of this act, shall be deemed lee ed to SGo be
IN court for all purposes by reason of
such aPpeaTance, or by virtue of the no. :
ments of benefits and damages as made
by the drainage commissioners in the fin |
al report and as changed. equalized and s
confirmed by the court shall stand and I
be adjudged valid. If there be no remon- g
STRANGE. or if the finding and Judgment I
of the court be against all the renon- I
strances, or if the court shall have cor S
rected and equalized the assessments as q
hereinbefore provided 1t shall make an a
order approving the assessments made Z
mod1tied and equa1fzed by the court, l
and sISl.s shan declare the proposed work es- q
Sec. ?. That section of chapter 1877 I
of the Laws of Kansas of 1907 be and the I
same is hereby amended so as to read as
shall be liens upon the lands against Q
which they are assessed from and after a
sessment. except where lands are not de- c
scrfbed in the petition but are afterwards
commissioners. and as to such lands the I
assessments shall be liens from the date !
missioners describing such lands. Such S
assessments, as approved and confirmed
liens on the lands against which they are !
assessed, as taxes are liens. The clerk ,
of f, the fourt fSo & shall spread upon the jour s
confirming the report of the drainage I
commissioners as modified by the court 2
and set out the several assessments to the l
several tracts of land. persons or corpora q
tfons as confirmed by the court whether
of benefits or damages, and correctly de- :
scribe such tract of lano and set oppo- i
site the same its appropriate assessment
whether of benefits or damages leaving
marginal space in which to enter a sat [
isfaction of all assessments and shall
give notice by mail to all persons whose 9
address may be known to MIN of the 9
fact of such assessment. Any person or I I
corporation against whose lands benefits
thereof to the clerk of the court, for
which the clerk shall deliver to him his e
payment on the margin of the journal c
opposite where the same is recorded, and