The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-01-30
LEGAL.

uated. IS hereby empowered and directed
TO levy tax upon all the taxable prop
erty within the limits of such Drainage
tended upon the tax rolls and collected as
other taxes in sum sufficient to pay
such Judgment. cost and award in full.
so applied; and if for any reason there
should be failure to satisfy such judg-
ment, the rights of the state to such tract
or tracts of land shall be Invested and the
possession of such tract tracts of land
shall revert to the former adjudicated
owners, in which event compensation shall
be awarded for any loss or damage occa-
stoned by such temporary appropriation,
and the court. shall render Judgment
forcable as in. case of permanent appro-
Ration. Provided however that in any
such action it shall be competent for the
State to dispute and contest the title of the
claimant and to show that the land SO APP.
propriated constituted an obstruction or
encroachment wrongfully placed in the
channel OF between the banks of said
stream or that for any other reason ths
claimant is not entitled to any compensa-
ton therefor ands If it shall be found that
the, land so appropriated constituted an
obstruction wrongfully placed in said
stream or that for any reason the claim
ant is not. entitled to COMPENSATION or
oered accordingly. s-,-s-s-.
Sec. T. That any railroad or railway
company having a right of way crossing
any of the land so appropriated shall not
be deprived of an easement for the use
of such right of way but shall be per-
lnitted to retain the right it now has for
the purpose of crossing or running along,
upon or over sucl 1evee; provided how
ever that such use and occupancy shall
not interfere with the widening of such
stream and shall not become an obstruc-
ton to the flow Of the water therein, and
shall not interfere with the height or
levees to be constructed for the purpose
of preventing overflow.
Sec. g. That any person having per-
appropriated shall remove the same with
in a reasonable time, to be fixed by the
agents of the state, and should they fail
or neglect SO to do, such agent may re-
move the same or the Attorney General
may institute a mandamus suit or suits
in any. court of competent jurisdiction. to
compel such removal,
Sec. 9. This act shall not be construed
as repeal Of Chapter 215 of the laws OF
1905 or any statute relating to the
Elemental thereto .s.s
. See. 10.-The Board of Directors of such
drainage district is hereby empowered TO
grant easements in or to such forty foot
strip for such use and occupancy will
not interfere with the right of the state
of overflow, and If at any point along
such harbor line the full width of forty
feet is not required for the construction
of levees or other improvements to pre-
vent overflow, the Board of Directors OF
such drainage district may relinquish
such part as shall be deemed unnecessary.
other acts. relating to the same subject
matter. shall be held to be concurrent
herewith.
Sec. u. This act shall take effect and
be in force. from and after its passage
and publication in the official State paper.
1 hereby certify that the above bill orig
inted in the House, and passed that body
January "a, 1911,
G. H. BUCHANAN.
Speaker of the House.
EARL AKERS.
Chief Clerk of the House.
PASSED. the Senate January 26, 1911,
RICHARD J. HOPKINS,
President of the Senate.
-.. -. WALTER A. JOHNSON,
Secretary of the Senate.
Approved January Is. 1911.
w. r. STUBBS.a Governor.
State of Kansas.
Office of the Secretary of State.
l.. Chas. H. Sessions, Secretary of State
of the State of Kansas, do hereby certify
that the above and foregoing is a correct
copy of the original enrolled bill now on
file in my office.
IN TESTIMONY WHEREOF, I have
hereunto subscribed my name
ISeaL1 and affixed my official seal,
this Both day of January 1911.
CHAS. H. SESSIONS.
Secretary of State.