The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-03-04
LEGAL


age district be extended to inclnde within I
its boundaries the territory described in |
the petition it shall be the duty forthwith /
of such board of county commissioners TO !
fix a time for the hearing of such petition /
and to cause the county clerk to give notice |
paper, published aud Of general circulation
in the county, at least ten days before the |
day fixed for the hearing.
Sec. 4. Tint at the time set for the |
hearing of the petition the board of county |
commissioners shall first ascertain and de- |
the time Of hearing as is required by this |
act and If it shall determine that such |
notice has been given to make a declaration |
and finding Of that fact and cause the
same to be entered upon Its records and
thereupon to hear all persons in favor of or
petition and ali other evidence that it may
desire to hear for the purpose of ascertain
g suf
qualifica lions prescribed by this act. and
whether the statements in said petition are
be found that such petition is in conform
ity to the requirements of this act, and
that the allegations thereof are true. then
such board of county commissioners shall
make a finding and decision to that effect.
and shall thereupon Immediately declare
the territory described in the petition TO
be annexed to and included in the said
original district.
Sec. 8. That whenever 1t shall be deemed
necessary to construct any ditch. levee,
dixie, jetty, rip-rap other protective
structure across or upon the land of any
or outside the territorial limits of the
drainage district and such individual or
ton therefor, the board OF directors shall
have the power to construct such ditch.
levee. dixie jetty. rip-rap or other protec-
tive structure to condemn and appro-
pirate much of such land may be
necessary for that purpose in the manner
hereinafter provided: and whenever it shall
be deemed necessary TO appropriate any
private property for use by the district
| in widening, deepening or otherwise i'm
no ural ntlr0 sarIrG tn mr.
vent the overflow thereof for the cons
struction of any ditch. dixie, levee, jetty,
| hoard of directors shall cause a survey and
| description of the land so required out of
| the lands of any private owner Individual
| or corporationl to be made by some COM
petent engineer and filed with Its secretary,
| and thereupon shall make order declar-
| ing that the appropriation of such land is
| necessary and setting forth for what pur-
nose the same is TO be used: and shall then
| follow the procedure prescribed for taking
the lands of n railway comnany is set
| forth in sections 1923 TO 1896 both inclns-
| i've of the General Statutes of Kansas for
| inclusive. of chapter 215 of the Laws of
| 1905 to which this act is supplemental, and
fba te S az s ai end hs
| lions.
| Sec. G. Any land or easement therein,
lying outside of brit adjacent to any drain
| age district may be drained into the drain
| written terms and agreement ms the board
! of directors Of such district andFthe owner
of such land or easement may determine.
and the money received for such privilege
| shall be paid into the treasury of such dis
/ trict. to be used as other funds thereof.
! Sec. Z. Should the owner of any land, or
| easement therein. lying outside of but adj
| 1acent to any drainage district construct
| any ditch or drain that the water on
| such land or easement will be drained< into
| the drainage system of any drainage dis
/ trfct. or into any natural depression, draw
| or intercourse that drains into such drain
/ irEf hayin rod
| into written contract with the board of
directors of such drainage district, shall
| be deemed tn have made voluntary appli-
cation to be included in such drainage dis
| trfct and receive the benefits thereof, and
thereupon the board of directors of such
drainage district shall file bill of partic-
| ulars before Justice of the peace in the
| county where such land or easement lis
| located. which bill of particulars shall state
| the name Of such owner. description of the
| land. and of the ditch drain leading into
| the system of such Drainage district The
| Justice of the peace shall Issue summons
for such owner, and trial shall he had
! and Judgment rendered against said own
justice Of the peace may find just and
equitable in the premises. All proceedings
before such Justice of the peace and appeals
| therefrom shall be governed in ali re-
| spects rs other trials in civil actions be-
fore Justice of the peace. and nm abstract
of any Judgment SO rendered may be filed
in the office of the clerk of the district
court of the county. and become lien on
ments. All money collected by proceedings
under this action shall be paid into the
treasury of such district to be used as other
| funds thereof.
Sec. 8. That this act shall take effect
and be In force from and after its publica-
ton in the official state paper
| / hereby certify that the above PHI orig
mated in the House, and passed that body
! February s, 1919.
y. A. N CHASE.
Speaker of the House Protein
CLARENCE W. MILLER
Chief Clerk of the House.
|
| CHAS- = HUFFMAN.
President of the Senate.
EMMETT u. GEORGE
| Secretary Of the Senate
| Approved February q, 1919.
| HENRY j. ALLEN. Governor
State Of Kansas.
Office of Secretary of State
1. l. J. PETTIJOHN, Secretary of State
| OF the State of Kansas do hereby certify
That the above and foregoing ia a correct
copy OF the original enrolled bill now on
file in my office
IN TESTIMONY WHEREOF have
hereunto subscribed my name
and affixed my official seal
| lseai-I this 18th day of February,
l. J. PETTIJOHN,
Secretary OF State
i Published in Tho Topeka State Journal
March 4. 1871
HOUSE BILL No. r.
An ACT relating to the Kansas Soldiers
Home at FIT. Dodge, Kansas, end amend
Ing section 1868, General Statutes Of
4 Kansas Of 1g15 -