The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-03-29
LEGAL.

ascertain and determine the value Of said
structure, land and easements or part
thereof desired by said city. Said court
snail make an order granting said appli-
cation and shall appoint said commission
ers, who when appointed, shall take an
best Of their skill apd abiiity nu appraise
and ascertain the fair cash value of said
structure, land and easements, or the part
thereof desired by said city Said COM
missioners when appointed and after
they shall have taken said oath shall give
twenty days notice to the record owner or
owners OF said structure, land and ease
ments that they will at the time and place
designated in said notice, meet for the
purpose of appropriating to the use of said
city, said structure, land and easements,
or the part thereof described in said ap
plication, and of ascertaining the fair cash
value thereof to be paid by said city there
for. Said notice may be by written com,
munication delivered at the office of said
owner or owners to any person in charge
thereof, or by publication in the official
paper of said city for a period of twenty
days. Said commissioners may adjourn
as often and for such length of time
may be deemed convenient and may, dur
ing any adjOurnments, perfect or correct
all errors or omissions in the giving of
of any adjourned meeting shall be as eff
fective as notice of the first meeting of
ers may from time to time make partial
reports. and upon completing their du-
ties shall make final report in writing
within ninety days of the date of their
appointment, verified by each of said com
missioners, and file the same in the office
of the clerk of said district court.
award of said commissioners, it must do
SO within ninety days of the filing of said
report re tS by paving the amount o Of the award
land and easements. or to the clerk of
said district court for their benefit, and
thereupon the title, right and possession
of said structure. or the part thereof con-
demned, shall vest absolutely in said city,
and said city shall have the right to en-
tnT int md faE 10 nm fhnr n M
the court shall have the power to make
all orders necessary to protect said city
In such possession.
structure, land and easements appropriat-
ed, as in this act provided, to the use of
said city, may appeal from such award in
the same manner as appeals are taken
from Judgment Of justice OF the peace
to the district court. or may institute in
action for the recovery of all proper dam
ages arising from the appropriation of
said appeal and subsequent proceedings. or
the filing of said action, shall only affect
the amount of compensation to be paid
for said structure, land and easements, and
shall not delay the taking possession, &C.
cupation or use by said city of said struc-
ture, land and easements upon the paying
depositing of the amount of the award
of said commissioners by said city with
said district clerk as aforesaid, and said
city shall. upon final Judgment obtained on
such appeal, or obtained in said separate
action, pay the amount thereof within
ninety days thereafter to the owner or
owners of said structure in satisfaction of
said judgment.
Sec. Z. If said city shall deem itself ag
grieved by the award of said commission
ers it may, by g resolution adopted within
ten days after the filing OF said report,
abandon the condemnation of said struc-
ture or it may appeal therefrom in the
same manner as appeals are taken from
judgment of a justice of the peace, and In
case of such appeal: shall not be required
clerk of the district court, or have any
right to occupy said structure, land or
or amy part or opt sus
quent proceedings, said city shall pay the
amount thereof to the owner or owners
of such structure. land and easements, and
thereupon shall have the right to occupy
the same.
said award and of any judgment rendered
against said city for the appropriation OF
said structure, land ana easements, said
Of said aat city issue and Nell its bonds as
provided in section of this act.
Sec. 0. None of the restrictions or lin
itations respecting the amount of city in
debtedness contained in any of the stat
utes of the state of Kansas shall amply to
authorized by this act, nor shall bonds
issued under the authority of this act be in
any manner a limitation upon the power
of said city to issue bonds for other pur-
Sec. 10. Tha. all acts and parts of acts
in conflict with the provisions of this act
Sec. ii. This act shall take effect and
be in force from and after its publication
in the official state paper.
1 hereby certify that the above Bill orig
mated in the House, and passed that body
March 1, 1917.
A. NJ. KEENE.
Speaker of the House.
CLARENCE w. MILLER,
Chief Clerk of the House.
Passed the Senate March s. 1917.
w. Y. MORGAN,
President of the Senate.
E. II. GEORGE.
Secretary of the Senate.
Approved March Il, 1917.
ARTHUR CAPPER, Governor.
State of Kansas.
Office Of Secretary of State.
], J. T. BOTKIN, Secretary of State of
the State of Kansas. do hereby certify that
the above and foregoing is correct copy
of the original enrolled bill now on file
in my office.
IN TESTIMONY WHEREOF. have
hereunto subscribed my name
tSealI and affixed my official seal
this 18th day of March. 1917.
J. T. BOTKIN,
Secretary of State.
By Z. A. CORNELL,
Asst. Secretary of State.