The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-04-03
LEGAL,
LEGAL.
Published in he Topeka State journal
April 3, 1911.l
HOUSE BILL NO. IT'S.

April 8. 1917.l
HOUSE BILL NO. IT'S.
AN ACT granting to any corporation
ganized for the exclusive purpose of the
culture or for the Improvement of the
breed of domestic animals. or both,
through means of the establishment
conducting of what is known as fair
the power of eminent domain, and pre-
scribing the method of the exercise of
that right.
BE 1t enacted by the Legislature of the
State of Kansas:
Section l. That any corporation organ
lzed under the laws of the state of Kansas
Tor the exclusive purpose of the encour-
agement OF agriculture and horticulture or
Tor the improvement of the breed of de-
nestle animals. or both, through means of
the establishment or conducting of what
is known as fair that shall desire to
acquire lands, within or without any in
corporated city, for the purpose of fair
grounds, shall have the power of eminent
domain for the purpose of obtaining the
perpetual use of such lands for such pur-
pose, and the taking of such lands for this
purpose is hereby declared to be for the
benefit of the public.
Sec. p That any such corporation may
apply to the board of county commission
ers OF any county in which such corpora
ton proposes to establish its fair grounds,
and shall describe the lands which 1t
deems necessary to be taken for its pur-
poses.
Sec. 3. That upon application being so
made in writing, such board of county
commissioners shall forthwith view said
whether or not 1t is necessary and for the
best interests of the public that the lands
purposes; and if it is determined to be
necessary and for the best interests of
the public that such lands be taken. the
commissioners shall appraise the value of
such portion of any lands may be ia
ken, and assess the damages thereto: and
| when such commissioners shall ascertain
| that any portion of land lot belongs
/ to different owners, they shall appraise
| the value and assess the damages of each
such owners interest. all which doings
| the board of commissioners shall embody
in written report. and file in the office of
| the county clerk of such county.
Sec. 4. Such county clerk shall forth
with prepare and file in the office of the
| treasurer of such county a copy of such
report; and if such company shall cause
| to be paid to such treasurer the amount
| in full of such appraisement, within ninety
days of the time of filing such copy in
| thereupon certify such fact upon the copy
of the report. under his hand and seal of
office, and shall, upon demand of the per
sons severally entitled thereto. pay over
the amounts of such fund to such persons
as shall be respectively entitled thereto.
| Sec. .. If such company shall cause the
copy of the report so certified to be- with
in ten days after such certifying. filed
and recorded in the office of the register
of deeds for such county. the perpetual
use of such lands shall vest in such com
pany, its successors and assigns for the
purposes of said corporation.
Sec. g. The commissioners hereby re-
quired to perform duties shall be paid
therefor by the company upon whose ap-
plication they shall act.
| Sec. Z. Before any board of county COM
missioners shall proceed to view said lands
described in the company's application and
to determine whether not it is necessary
| that such lands be taken, notice of the
time when such view shall be made shall
be given, by publication thirty days before
the time fixed, in some newspaper pub
lfshed in such county, or If none be pub
lished therein, then in one of general cir
culation in the county and an appeal shall
be had from the determination of the board
of county commissioners to the value
of the lands, crops, buildings and other
improvements on said land and for all
other damages sustained by such person
or persons by reason of such taking of
land lands in the same manner as ap-
peals are granted from the Judgment of n
Justice OF the peace to the district court :;
and said appeal and all subsequent pro-
ceedings shall only affect the amount of
compensation to be allowed, but shall not
delay the prosecution of the work on said
| fair grounds upon said company paying
or depositing the amount so assessed by
said commissioners and upon said company
executing a bond, with sufficient security,
all damages and costs which said company
may be adjudged to pay by said district
court, said company may, notwlthstandlng
the said land.
Sec s. That any such corporation, in
stead of applying to the board of county
commissioners as hereinbefore provided, or
any person or persons whose land or prem
Uses is sought to be taken under the pro-
visions of this act, may apply to the judge
of the district court of the county in which
said land may lie for the appointment of
three commissioners to make the appraise-
ment and assessment of damages instead
of the county commissioners. Said com
missioners shall be freeholders and resi-
dents of the county in which such prop
erty is situated. Such appointment shall
be made by the district judge on the writ
ten application of the corporation. or the
person or persons, their agent or attorney
the appointment shall be made in writ
ing, under the hand of the judge, and de-
Application for and Certificate of appoint
ment shall be recorded in the office of the
register of deeds of the proper county. In
case any vacancy occurs, or any such COM
missioner or commissioners refuse to serve
| on such board, the district judge shall
appoint, in the manner herein provided.
Such commissioners shall be sworn to hon.
estly and faithfully discharge their duties
as such commissioners, and they shall do
and perform all things in the manner and
| under the same regulations and restrictions
as provided in case such duties were
including the making of the finding as to
| whether not it is necessary and for the
best interests of the public that the lands
be taken; and the subsequent and other
proceedings, including appeal, shall be
done and performed in the same manner
and the corporation applying shall pay all
costs accruing under any application under
Sec. 0. No proceedings authorized by
this act shall be commenced after the
which this act takes effect
| Sec. 10. This act shall take effect and
be in force from and after its passage, ap-
proval, and publication in the official state
paper.
! / 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 z, 1917.
| w. Y. MORGAN,
President Of the Senate.
E. d. GEORGE,
| Secretary of the Senate.
| Approved March 10, 1917.
1 ARTHUR CAPPER, Governor.
State of Kansas.
| Office of Secretary of State