The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-02-26
LEGAL

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 company. its
successors and assigns for the purpose of
Sec G. Each of the commissioners hereby
required to perform duties shall be paid
therefor by the company upon whose np-
dollars per day
Sec. {. Before any board of county COM
missfoners shall proceed to view said lands
described in the company's application and
to determine whether or not it Is necessary
that such lands be taken; notice of the time
given. by publication thirty days before
the time fixed, in some newspaper pub
lished therein then in one of general cir
cufat1on in the county; and an appeal shall
board of county commissioners as to the
value of the lands, crops, buildings and
other improvement on said land. and for all
persons by reason of such taking of land
or lands, in the same manner-as appeals
are granted from the Judgment of justice
of the peace to the district court: and said
appeal and all subsequent proceeding shall
only affect the amount of compensation to
! be allowed. but shall not delay the prose-
cution of the work on said fair grounds
| upon said company paying or depositing
| the amount so assessed by said commits
| sioners and upon said company executing
| a bond, with sufficient security, to be ap
proved by the county. clerk, to pay all
! damages and costs which said company
| may be adjudged to pay by said district
court said company may, notwithstanding
said appeal, take possession of and use the
Sec. s. That any such corporation. in
stead of applying to the board of county
commits sfoners 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
commissioners
| missioners shall be freeholders and resi-
dents of the county in which such property
made by the district judge on the written
| application of the corporation. or the per-
| son son or persons: their agent or attorney ::
under the hand of the judge. and delivered
to the party applying therefor; the apph-
cation for and certificate of appointment
shall be recorded in the office of the regis
tersef deeds of the proper county. In ca sc
any vacancy occurs. or any such commits
sioHer or commissioners refuse to serve on
such board, the district judge shall ap-
| point. in the manner herein provided. Such
commissioners shall be sworn to honestly
and faithfully discharge their duties as
such commissioners. and they shall do and
perform all things in the manner and IN
der the same regulations and restrictions
| as are provided in case such duties were
performed by the county commissioners.
including the making of the finding to
best interests Of the public that the lands
be taken; and the subsequent and other
done and performed in the same manner
and the corporation applying shall pay all
costs accruing under any application under
| this section.
Sec Q. No proceedings authorized by
| this act shall be commenced after the ex-
pfration of two years from the date upon
| which this act takes effect.
| Sec. 10. This act shall take effect and
be in force from and after its passage. ap-
! prevail, and publication in the official state
| paper.
1 hereby certify that the above Bill orig
mated in the House, and passed that body
d. A. n. CHASE,
| Speaker of the House Pro Tenn.
CLARENCE w. MILLER.
Chief Clerk of the House.
Passed the Senate February Is. 1919.
CHAS. S. HUFFMAN.
| President of the Senate.
| EMMETT d. GEORGE.
| Secretary of the Senate.
BY HENRY T. SANTROCK, Asst. Sec.
| Approved February %. 1919
HENRY j. ALLEN, Governor.
State of Kansas,
Office of Secretary of State
!, L. J. PETTIJOHN. 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
and affixed my official sea l.
ISeal.l This 25th day of February,
L. J. PETTIJOHN.
Secretary of State.