The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-03-23
LEGAL.

-dCcepLaTCe dny
ment, said thirty days shall not commence
70 run until the Improvement IS competed
and accepted.
See. %. No road nor streets shall be
lald out or constructed through any park
except said board of commissioners shall
lay out and construct or permit the laying
out and construction of the same; and any
ROAD, highway, street or alley excepting
r ram, or part thereof, when may
pass through or into or divide or separate
any lands now used or condemned. or that
may hereafter be acquired or condemned
said board of commissioners, be by said
board OF commissioners vacated and
closed up and made part OF such park ARK
through or over any park, parkway or
boulevard without the consent of said
board of commissioners; nor shall any
street railway, telegraph, telephone or
eiectrlc-llght wires or posts or supports
thereof be erected or placed in, upon,
out the consent of said board of commits
sioners; and said board shall have. power
and authority to designate the place or
places for and manner of erecting, plac-
ing and maintaining the same in or upon
any park or boulevard, and may cause the
same, whether heretofore or hereafter
erected or placed, to be altered at such
time and in such manner as it shall deem
require telegraph, telephone and electric
light wires in any park, parkway or
boulevard to be laid underground.
Sec. 80. Real or personal property may
be granted, bequeathed, devised and con-
Ix , to the city for the purpose OF the
parkways or boulevards, or for parks, or
for the establishment or maintenance in
any park of museums, geological or other
gardens, collections of natural history,
observatories, libraries, monuments or
works of art upon such trusts and con-
grantors or devisorS thereof and agreed
to by the board of commissioners. All
or conveyed, and the rents, issues. profits
and income thereof, shall be subject to
the management and control of said board
Sec. 81. Whenever it shall be deemed
necessary by any board of commissioners
to appropriate any private property for
use by the city for park, parkway or
boulevard. the board Of commissioners
shall cause survey and description of
competent engineer and filed with the city
clerk, and thereupon shall make an order
declaring that the appropriation of such
land Is necessary and setting forth for
what purpose the same is to be used.
The board of commissioners, as soon as
practicable thereafter, shall present a
written application to the judge of the
district court of the county in which said
land is situated, describing the land
sought to be taken and setting forth that
the appropriation thereof is necessary for
the use of the city, and praying for the
make appraisement and assessment of
damages therefor. Upon the presentation
of such petition by such board of commits
sioners or the city attorney the
judge to whom the same is presented shall
forthwith appoint such commissioners.
Such appointment shall be made in writ
ing, under the hand of the judge, and de-
livered to the id board of commissioners
or the city attorney, who shall without
cate of appointment to be recorded in the
office of the register of deeds of the
proper county; and IN case any person SO
commissioner for any reason, the said
judge, upon application, shall appoint
some other person having the proper quail
ifications to fill such vacancy. Such COM
missioners shall be sworn to honestly and
faithfully discharge their duties as such
Sec. 80. The commissioners appointed
under the next preceding section shall
be taken at least ten days notice In writ
ing of the time and place when and where
the m tb i o Pe ef1 na Dy one and at
the time fixed by such notice shall, upon
actual view, appraise the value of the
lands taken and assess the other damages
done to the owners of the property, re-
spectively, by such appropriations. The
said commissioners may adjourn as often
and for such length of time as may be
deemed convenient and may, during any
adjournment, perfect or correct all errors
or omissions in the giving of notice by
serving new notices or making new publi-
cation, citing corporations or individual
property owners who have not been notl-
fled or to whom defective notice or IN
sufficient notice has been given, and
notice of any adjourned meeting shall be
as effective as notice of the first meeting
of the commissioners. And the commits
sioners may from time to time make par
tiai reports, and upon completing their
duties shall make a final report. All re-
ports shall be in writing. and filed in the
office of the city clerk. Notice to any rail-
be served upon any officer or agent there
of or upon any other owner, If found
within the district, in lieu of such notice
by publication. .
Sec. 49,. That said commissioners shall.
in their reports, accurately describe the
lands by them set off and appropriated.
the purpose for which the same are taken.
the name of such owner, If known, and
shall appraise each owners interest and
assess his damages separately, if his title
can be ascertained from the publ1c RECORDS
in the office of the register of deeds.
Sec a. That the city clerk shall forth
with. upon any report being filed in his
office, prepare and deposit copy Thereon
in the office of the treasurer of such city,
and if there be deposited with the city
treasurer, for the benefit of the owner or
owners of such lands, the amount of the
award. such treasurer shall thereupon
certify such fact upon the copy of the re-
port, and shall pay said awards to such
persons as shall be respectively entitled
the owners or the ownership of lands con-
demned by the board of commissioners OF
any such city are unknown, uncertain OF
disputed, it shall be sufficient to deposlI
the award made on account of the con-
domination of such land with the city
treasurer for the benefit of the unknown
owners thereof. The title to lands con-
demned by any city for parks. parkways
or boulevards shall vest in such city upon
board of commissioners condemning the
same Upon the recording of a copy of
said report so certified in the office of the
register of deeds of the county, the right
to the possession of the lands condemned
shall vest in the city and the city shall
have the right to forthwith take posses,
sion of. occupy. use and improve said
lands for the purposes specified in the
resolution appropriating the same.
ing to be the owner of any lands so con-
demned or appropriated, and deeming
himself aggrieved by. the decision or
award of said commissioners, may appeal
from their award as to the value of the
land, crops, buildings and other improve
sustained by such person by reason of the
appropriating of such lands, in the same
manner as appeals are granted from the
district court. but said appeal and subse-
quent proceedings shall only affect tbs
amount of compensation to be allowed
and shall not delay the taking possession
| occupation. use or improvement OF sucf