The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-03-18
.El,Al.
Published in The Topeka State Journal
March Is, 1913.
HOUSE BILL No. s1s.


State of Kansas:
Section l. Whenever it shall be deem
60 necessary by any mayor and council or
board of commissioners of any city of
the first class having a population of
more than seventy-five thousand inhab1t-
ants to appropriate private property for
the opening, widening, or extending any
street or alley, or to condemn private
property or easement therein for the use
OF the city for any purpose whatsoever,
the mayor and council or board of conf +
mtssioners shall cause survey and des- /.
eruption of the land easement so re- i
Quired to be made by some competent en- !
g1neer and file with the city clerk. And |
Of commissioners shall make an order set |
ting forth such condemnation and for |
what purpose the same is to be used. If |
IN the opinion of the mayor and council or |
board of commissioners any property is |
specially benefited by the proposed i'm |
provement such property shall be desie-
mated as the benefit C,istTict and the san7a
shall be fixed by ordinance. The mayor
and council or board of commissioners as
soon as practicable after making tha |
order declaring the appropriation of such
land necessary and the fixing of the BEN
EFT district If any is fixed, shall present
q written application to the judge of the |
district court of the county in which said |
land Is situated describing the land sought |
20 be taken and setting forth the LAND |
necessary for the use of the city and set |
ing out the benefit district in full and |
praying for the appointment of three |
commissioners to make an appralsemenr |
and assessment of the damages therefor. !
Sec 2 The commissioners appointed |
give any owner of the property sought to |
be taken at least ten days notice in |
writing of the time and place when and
where the damage will be assessed, by |
one publication in the official city paper |
and at the time fixed by such notice shall |
upon actual view. appraise the value of |
the lands taken and assess the other dam |
ages done to the owners of such property !
respectively, by such appropriations. For /
the payment of such value and damages |
the commissioners shall assess against |
the city the amount of the benefit to |
the public generally and the remainder |
OF such damages against the property /
within the benefit district which shall in /
the opinion of the appraisers be especially |
benefited by the proposed Improvement. /
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 no I
tice by serving new notices or making |
new publication, citing corporations or /
individual property owners who have not /
been notified or to whom defective notice
or insufficient notice has been given, and /
notice or any adjourned meeting shall |
be as effective as notice of the first meet
ing of the commissioners. And the COM
missioners may from time to time make
partial reports, and upon completing their
duties shall make a final report. All re-
ports shall be in writing ana filed in the
office of the city clerk. Notice to any
railroad company or other corporation /
may be served upon any officer agent /
thereof or upon any other owner, If found
within the district, in lieu of such no
tfce by publication
Sec. 3. That said appraisers shall, in
their reports, accurately describe the
lands by them set off and appropriated,
the purpose for which the same are TAX
en-. 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 pub
lie records in the office of the register of
deeds
Sec. A. That the city clerk shall forthwith,
upon any report being filed in his office,
prepare and deposit copy thereof in the
OfTiC6 or the treasurer of such CitV. and |
If there be deposited with the city treas |
urer, for the benefit of the owner or
owners of such lands. the amount of the |
award, such treasurer shall thereupon
certify such facts upon the copy of the /
report, and shall pay said awards to such |
persons as shall be respectively entitled /
thereto. In all cases where the names |
of the owners or ownership of lands con-
demned by the board of commissioners of
any such city are unknown, uncertain |
disputed, 1t shall be sufficient to de-
post the award made on account of the /
treasurer for the benefit of the unknown |
owners thereof. The title to lands con-
or boulevards shall vest in such city upon
the publication of the resolution of the |
board of commissioners condemning the
same. Upon the recording of a copy of
said report certified in the office. of |
the register Of deeds of the county the /
right to the possession of the lands con-
demned shall vest in the city and the
city shall have the right to forthwith
take possession of, occupy, use and i'm
prove said lands for the purposes speci- |
fled in the resolution appropriating the |
same.
Sec. 5. That any person being claim
ing to be the owner of any lands so con-
demned or appropriated, and deeming |
himself aggreived 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
ments thereon, and for all other damages
sustained by such person by reason of
the appropriating of such lands, in the
same manner as appeals are granted from
..,r7-rr raC4rn
the district court. but said appeal and
subsequent proceedings shall only affecr
the amount of compensation to be allowed,
and shall not delay the taking possession.
occupation. or Improvement of such
lands. upon the paving or depositing the
amount so assessed by said commissioners
with the city treasurer as aforesaid.
Sec. 6. That If the board of commits
sioners of any city shall deem such city
ment of damages award by said COM
missioners made to any owner claim
may, by resolution adopted within ten
days after the filing of such report. aban-
don the condemnation of any lot or tract
OF land. or 1t may appeal thereform, in
the same manner as appeals are granted
from the Judgment of justice of peace,
and in case of such appeal shall not be
with the city treasurer or have any right
to occupy the land condemned pending
such appeal said district may pay
the amount awarded to the land owner
into court and thereupon shall have the
right to occupy the land for which the
award is made.
Sec. z. That upon the trial of any ap-
peal the city may contest the title of the
appellant to the land appropriated. or
show that the land appropriated con-
stitutes a part of public street, ground
or way. or that for any other reason the
appellant is not entitled to any compen-
sation therefor.
Sec. s. Whenever in the Judgment of
the mayor and council or board of COM
missioners the special assessments on any
lot or piece of land within the benefit
district would be burdensome if collected J.