reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 4 - Drainage Districts Within Counties Or Cities › 24-469 Same; benefits to adjoining land; incorporation into district; proceedings.

24-469.
Same; benefits to adjoining land; incorporation into district; proceedings.
That should the owner of any land or easement therein lying outside of, but adjacent or near to any drainage district, construct any ditch or drain so that the water on such land or easement will be drained into the drainage system of any drainage district or into any natural depression, draw or watercourse, or any artificial ditch, tile, or drain that drains into such drainage system, without first having entered into written contract with the board of directors of such drainage district, shall be deemed to have made voluntary application to be included in such drainage district and receive the benefits thereof; or if by the natural grade and formation of such land, the surface or flood water, or both, therefrom are drained into any ditch, tile, drain, natural depression, draw or watercourse in such drainage system of such drainage district, the owner of such land or easement shall be deemed to receive the benefits of such drainage system. Then and in either such case, the board of directors of such drainage district shall bring an action in the county where such land or easement is located, stating the name of such owner, description of the land and of the ditch, drain or natural grade or formation leading into the system of such drainage district.
Any judgment so rendered may be filed in the office of the clerk of the district court of the county and become a lien on such land in like manner as other judgments: Provided, however, That in case any such land or easement therein which drains or is drained into the drainage system of any other drainage district as aforesaid is situated within a drainage district organized under any law of the state of Kansas, the drainage district in which such land so drained is situated may be made the defendant instead of the owner of said land as hereinbefore provided, and in such case the drainage district prosecuting such proceedings shall have the option of prosecuting the same in the district court in which such drainage district or the major portion thereof is located, and if such proceedings are so prosecuted in the district court they shall be governed entirely by the code of civil procedure of the state of Kansas, and such court shall render such judgment as the facts shall warrant: Provided, however, That such district court may in lieu of other judgment assess against the drainage district receiving the benefits of the drainage of its land into the system of another district as hereinbefore set out, an annual payment commensurate with such benefits. All money collected by proceedings under this section shall be paid in to the treasurer of the district bringing such proceedings to be used as other funds thereof.
History:
L. 1919, ch. 188, § 7; L. 1923, ch. 138, § 2; March 26; R.S. 1923, 24-469.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 4 - Drainage Districts Within Counties Or Cities › 24-470 Harbor lines along navigable streams.

24-470.
Harbor lines along navigable streams.
When harbor lines have been established by federal authority along navigable streams running through drainage districts, now or hereafter organized under chapter 215, Laws of 1905, and acts amendatory or supplemental thereto, the appropriation of lands for making the improvements provided for in said act, is hereby declared to be necessary for the protection of the health, life and property of the people of the district.
History:
L. 1911, ch. 172, § 1; January 30; R.S. 1923, 24-470.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 4 - Drainage Districts Within Counties Or Cities › 24-471 Appropriation of land at harbor lines.

24-471.
Appropriation of land at harbor lines.
The land so necessary to be appropriated shall consist of all lands lying between such harbor lines, together with a strip forty feet wide on the land side of, and contiguous to such harbor lines.
History:
L. 1911, ch. 172, § 2; January 30; R.S. 1923, 24-471.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 4 - Drainage Districts Within Counties Or Cities › 24-472 How appropriation made; duties of governor.

24-472.
How appropriation made; duties of governor.
That whenever private parties or corporations claim to own any part of the land so to be appropriated in any such drainage district, having taxable property to the amount of not less than forty million dollars as shown by the assessment roll of the preceding year, and which shall have deposited with the treasurer of the county wherein such land is situated, money to compensate for the appropriation of land necessary for the making of such improvements, the governor, when satisfied that the money so deposited is amply sufficient to make full and adequate compensation for such property so to be appropriated, shall thereupon issue a proclamation declaring that the state of Kansas has taken and appropriated such land, describing the same, and proclaiming that from and after the date of publication of such proclamation said property and the right to the possession thereof vests in the state of Kansas.
Such proclamation shall be published in the official paper of the county wherein the land so appropriated is situated, and shall be notice to all parties interested, that the state of Kansas has taken and appropriated the land therein described, and thereupon the governor shall take and hold possession of said land in the name and on behalf of the state: Provided, however, The governor may appoint and designate the board of directors of the drainage district in which such lands are situated, as agents of the state to take and hold such possession for and on behalf of and in the name of the state, and the possession of such land by the governor or such agent shall be possession by the state; and the sheriff of the county wherein such land is situated, shall upon the request of the governor or such agent, put them in possession of such property.
History:
L. 1911, ch. 172, § 3; January 30; R.S. 1923, 24-472.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 4 - Drainage Districts Within Counties Or Cities › 24-473 Penalty for interfering with possession of such property; removal from property.

24-473.
Penalty for interfering with possession of such property; removal from property.
That from and after the issuing and publishing of such proclamation, any person interfering with the possession of such property by the state or its agent, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum of not less than one hundred dollars nor more than one thousand dollars, or by imprisonment not less than thirty nor more than ninety days, or by both such fine and imprisonment; and the sheriff of the county wherein such land is situated upon request of the governor, shall remove all persons interfering with the possession of the state or its agent, from said land and protect the agent of the state in such possession.
History:
L. 1911, ch. 172, § 4; January 30; R.S. 1923, 24-473.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 4 - Drainage Districts Within Counties Or Cities › 24-474 Action to ascertain ownership of and compensation for such land.

24-474.
Action to ascertain ownership of and compensation for such land.
That for the purpose of ascertaining whether or not any private person or corporation is the owner of any part of the land so taken, and if such owner to provide and secure full and adequate compensation for the appropriation thereof, the attorney general, upon the publication of such proclamation by the governor, is hereby directed to commence an action in the district court of the county wherein such land is situated, such suit to be entitled "The State of Kansas vs. all persons having or claiming any interest in the land lying between the established harbor line of the _______ river and within a distance of forty feet landward therefrom, within the _________ drainage district in ______________ county." Notice shall be given by publication of the filing of said action, setting forth the nature of said suit and that all such claimants must appear and set forth their claims on or before the date therein named which shall not be less than forty-one days from the date of the first publication, and that upon their failure so to do a judgment will be rendered therein excluding them from any interest in said land or any part thereof, and enjoining and barring them from asserting any claim to said land or any part thereof adverse to the state of Kansas. Such publication shall be made in the manner provided for publication notices in the code of civil procedure. If the claimants so notified shall appear in said cause then said action as to the parties so appearing, shall proceed to trial as in other civil actions, before a jury unless such jury be waived, to determine the ownership of said property and to assess the value of the land and other damages for the taking of such portions thereof as may belong to parties other than the public.
That in the event the claimant shall fail to appear, on or before the date named, a pro confesso judgment shall be entered excluding them from any interest in said land which said judgment shall become final and conclusive at the expiration of six months from the date of such rendition unless the claimant shall make application within such period for the vacation of such judgment and permission to defend in said action and shall show to the court that he had no knowledge or notice of the pendency of said action prior to the rendition of such judgment.
History:
L. 1911, ch. 172, § 5; January 30; R.S. 1923, 24-474.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 4 - Drainage Districts Within Counties Or Cities › 24-475 Payment of judgment, cost and award; bonds; tax levy; reversion of land, when; damages.

24-475.
Payment of judgment, cost and award; bonds; tax levy; reversion of land, when; damages.
The drainage districts into or through which such navigable stream flows are hereby made liable for the value of any land so appropriated, together with all damages which may be occasioned thereby to the owner of the land so appropriated and the cost of said suit, and any judgment rendered in said action against the state of Kansas shall be a lien upon all the taxable property in such drainage district and the board of directors of such drainage district is hereby empowered and directed to pay said judgment, the cost and award, from the funds in their hands and under their control for such purpose, and in the event such funds are insufficient or for any reason may not be used for such purpose, the board of directors shall issue bonds or levy a tax for the payment thereof as provided by law; and in the event that the board of directors of such district shall fail or neglect to pay the full amount of the judgment, cost and award, as herein provided, the board of county commissioners of the county wherein such land is situated, is hereby empowered and directed to levy a tax upon all the taxable property within the limits of such drainage district and cause the same to be extended upon the tax rolls and collected as other taxes in a sum sufficient to pay such judgment, cost and award in full, and the same when so collected shall be so applied; and if for any reason there should be a failure to satisfy such judgment, the rights of the state to such tract or tracts of land shall be divested and the possession of such tract or tracts of land shall revert to the former adjudicated owners, in which event compensation shall be awarded for any loss or damage occasioned by such temporary appropriation, and the court shall render judgment therefor, which judgment shall be enforceable as in case of permanent appropriation: Provided, however, That in any such action it shall be competent for the state to dispute and contest the title of the claimant and to show that the land so appropriated constituted an obstruction or encroachment wrongfully placed in the channel or between the banks of said stream, or that for any other reason the claimant is not entitled to any compensation therefor and, if it shall be found that the land so appropriated constituted an obstruction wrongfully placed in said stream or that for any reason the claimant is not entitled to compensation or damage therefor, judgment shall be rendered accordingly.
History:
L. 1911, ch. 172, § 6; January 30; R.S. 1923, 24-475.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 4 - Drainage Districts Within Counties Or Cities › 24-476 When railway company not to be deprived of easement in such land.

24-476.
When railway company not to be deprived of easement in such land.
That any railroad or railway company having a right of way crossing any of the land so appropriated, shall not be deprived of an easement for the use of such right of way, but shall be permitted to retain the right it now has for the purpose of crossing or running along, upon or over such levee: Provided, however, That such use and occupancy shall not interfere with the widening of such stream and shall not become an obstruction to the flow of the water therein, and shall not interfere with the height or otherwise impair the usefulness of the levees to be constructed for the purpose of preventing overflow.
History:
L. 1911, ch. 172, § 7; January 30; R.S. 1923, 24-476.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 4 - Drainage Districts Within Counties Or Cities › 24-477 Removal of personal property from land so appropriated; mandamus.

24-477.
Removal of personal property from land so appropriated; mandamus.
That any person having personal property in or upon any land so appropriated shall remove the same within a reasonable time, to be fixed by the agents of the state, and should they fail or neglect so to do, such agent may remove the same or the attorney general may institute a mandamus suit or suits in any court of competent jurisdiction, to compel such removal.
History:
L. 1911, ch. 172, § 8; January 30; R.S. 1923, 24-477.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 4 - Drainage Districts Within Counties Or Cities › 24-478 Sections K.S.A. 24-470 through 24-480 supplemental to act of 1905.

24-478.
Sections
K.S.A.
24-470 through 24-480 supplemental to act of 1905.
This act shall not be construed as a repeal of chapter 215 of the Laws of 1905 or any statute relating to the matters herein provided for, but as supplemental thereto.
History:
L. 1911, ch. 172, § 9; January 30; R.S. 1923, 24-478.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 4 - Drainage Districts Within Counties Or Cities › 24-479 Grant of easements in strip of land so appropriated; relinquishment of land.

24-479.
Grant of easements in strip of land so appropriated; relinquishment of land.
The board of directors or such drainage district is hereby empowered to grant easements in or to such forty-foot strip for such use and occupancy as will not interfere with the right of the state to the use of the same for the prevention of overflow, and if at any point along such harbor line the full width of forty feet is not required for the construction of levees or other improvements to prevent overflow, the board of directors of such drainage district may relinquish such part as shall be deemed necessary.
History:
L. 1911, ch. 172, § 10; January 30; R.S. 1923, 24-479.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 4 - Drainage Districts Within Counties Or Cities › 24-480 Concurrent remedies.

24-480.
Concurrent remedies.
That the remedies provided by other acts, relating to the same subject matter, shall be held to be concurrent herewith.
History:
L. 1911, ch. 172, § 11; January 30; R.S. 1923, 24-480.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 4 - Drainage Districts Within Counties Or Cities › 24-481 Application for incorporation of drainage district under article 7; when.

24-481.
Application for incorporation of drainage district under article 7; when.
Whenever a petition has been or shall hereafter be filed in the district court in any county in the state of Kansas having a population of more than 85,000 and less than 130,000, for the establishment of drainage on petition to court as authorized by the provisions of article 7, chapter 24, of the Kansas Statutes Annotated, and when and after the proceedings authorized by said article shall have reached the point where the court shall have approved the boundaries of a proposed drainage district and shall have authorized the commissioners appointed by said court to proceed with final plans, as provided in K.S.A. 24-705, the said board of drainage commissioners appointed by said court may, with the approval of said court, apply to the board of county commissioners of the county wherein said drainage is to be provided (or if said drainage project covers lands in more than one county, then in the district court of the county in which the greater number of acres of said proposed district are situate), for the incorporation of a drainage district to be composed of the lands found and approved by the court to be benefitted by such proposed drainage.
History:
L. 1925, ch. 163, § 1; March 2.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 4 - Drainage Districts Within Counties Or Cities › 24-482 Notice of hearing on application; publication; continuance.

24-482.
Notice of hearing on application; publication; continuance.
That upon the filing of an application with the board of county commissioners for the formation of said drainage district the county clerk shall cause a notice to be published in the official county paper, setting forth the fact of the filing of said application, the boundaries of said district and the date when the application will be heard, and apprize all persons interested that they may be heard at the time and place designated. Said notice shall be published once, and not less than five days before the date set for said hearing. Said notice shall further state the hour and place where said application will be heard by said board of commissioners. Said board of county commissioners shall hear said application at the date stated in said notice, or may for cause continue same for any period not exceeding ten days, but not more than three continuances shall be had by said board.
History:
L. 1925, ch. 163, § 2; March 2.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 4 - Drainage Districts Within Counties Or Cities › 24-483 Duties of county commissioners; style and powers of drainage district.

24-483.
Duties of county commissioners; style and powers of drainage district.
At the time designated for said hearing, if the board of county commissioners shall find said application to be in proper form and that the requirements of law relating thereto have been complied with, it shall be the duty of said board of county commissioners to which said application shall be made to cause said drainage district to be incorporated, and thereafter said drainage district shall be a body politic and corporate with perpetual existence, and shall exercise its functions and powers under a corporate name, approved by said board of county commissioners, which shall be "The ______ Drainage District of ____________ county, Kansas." (Using a suitable name and the county in which same is located.) Said board of county commissioners shall cause an entry to be made upon its records of the incorporation of said drainage district and its findings and declarations relating thereto, and shall cause articles of incorporation to be issued to said drainage district agreed to by said commissioners, and attested by the county clerk over the seal of said county.
The charter of incorporation shall be conclusive evidence of the due incorporation, and that all requisite proceedings have been complied with. When said charter of incorporation shall have been issued to any such drainage district, such drainage district shall be vested with and thereafter have all of the powers, authority, rights, privileges and jurisdictions as are provided by law in case of drainage districts organized and incorporated under the provisions of article 4, chapter 24 of the Kansas Statutes Annotated, and acts amendatory thereto and supplemental thereof, except where the same are inconsistent with the provisions of this act; and except as herein expressly provided, any drainage district incorporated hereunder shall be subject to the limitations and restrictions contained in said article 4 of chapter 24 of the Kansas Statutes Annotated.
History:
L. 1925, ch. 163, § 3; March 2.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 4 - Drainage Districts Within Counties Or Cities › 24-484 Directors, qualifications; voters, qualifications.

24-484.
Directors, qualifications; voters, qualifications.
(a) The commissioners making the application for the charter of incorporation as a drainage district, shall be named in the charter as the directors of the drainage district, to serve for the term of four years from the date of the incorporation, unless one or more of the commissioners should be disabled or refuse to serve, in any which event the district court having jurisdiction, as provided in K.S.A. 24-481, shall have jurisdiction to designate some suitable person or persons as commissioners to make the application. At the expiration of the period of three and one-half years from the date of incorporation of the drainage district, and thereafter every four years, the board of directors of the drainage district shall cause an election to be called and held for the election of successors to the board of directors.
The directors elected at the first election shall qualify and assume the duties of their respective offices on the fourth anniversary of the date of incorporation, unless same should fall on Sunday or a legal holiday, in which event they shall assume their offices on the preceding day. Directors shall be elected and assume their offices at each four-year period. In event of the death, disqualification or resignation of any director, the remaining directors shall have authority to fill any such vacancies occurring in their number for the unexpired term of such director. Except as provided by subsection (b), at the first and all subsequent elections held for the election of directors, only residents of the drainage district shall be entitled to vote, but any qualified elector of the county in which the district is located may be elected a director of the drainage district, whether a resident of the drainage district or not.
(b) If there are no residents in the drainage district, any owner of land within the district shall be a qualified voter and shall be qualified to hold the office of director.
History:
L. 1925, ch. 163, § 4; L. 2006, ch. 207, § 6; July 1.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 4 - Drainage Districts Within Counties Or Cities › 24-485 Laws governing district after incorporation.

24-485.
Laws governing district after incorporation.
When and after a charter of incorporation shall have been granted to a drainage district as herein provided, all future duties, powers, rights, authority, limitations and restrictions of the powers of said drainage district shall be fixed and determined by the provisions of article 4, chapter 24 of the Kansas Statutes Annotated, and not under article 7, chapter 24 of the Kansas Statutes Annotated, except, however, as herein provided; but all proceedings had under said article 7, chapter 24 of the Kansas Statutes Annotated, shall be deemed regular and valid and sufficient to establish the necessity of the establishment of said drainage district and the boundaries thereof.
History:
L. 1925, ch. 163, § 5; March 2.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 4 - Drainage Districts Within Counties Or Cities › 24-486 Authority and powers of drainage district; bond issue; with and without election.

24-486.
Authority and powers of drainage district; bond issue; with and without election.
In addition to the powers hereby conferred upon any drainage district incorporated hereunder and set forth in article 4 of chapter 24 of the Kansas Statutes Annotated, and notwithstanding any provisions therein contained to the contrary, the drainage district, acting by and through its board of directors, shall have authority to cause suitable plans to be prepared and drainage work to be executed, drains to be built, necessary lands and easements to be acquired, and all necessary drainage work to be constructed and assessments for benefits to be made, in accordance with law. Such work may be done, assessments levied and bonds issued without the submission of the same to a vote of the electors, and until and unless the total face value of the bonds issued by the drainage district, exclusive of any interest coupons, exceeds the sum of 5% of the assessed valuation of all of the taxable property located within the drainage district, as determined by the last assessment thereof as shown by the records in the office of the county appraiser. Bonds may be issued and special assessments may be levied and spread to redeem the same, with interest, without the submission of same to a vote of the electors of the district. If the total amount of bonds issued by the drainage district equals or exceeds the above-named sum, no bonds shall be issued or assessments made without the submission of the proposition to a vote of the electors of the district as otherwise provided by law. All assessments shall be made as provided by K.S.A. 24-422, and amendments thereto, by the three disinterested assessors appointed by the board of directors from the electors of the county or counties in which the district is located.
History:
L. 1925, ch. 163, § 6; L. 1983, ch. 49, § 73; May 12.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 4 - Drainage Districts Within Counties Or Cities › 24-487 Validity of K.S.A. 24-481 through 24-487a.

24-487.
Validity of
K.S.A.
24-481 through 24-487a.
In case any part of this act or of the act to which it is supplemental shall be declared to be unconstitutional, the remainder of this act or said act to which this act is supplemental shall nevertheless remain in force, and after the incorporation of said drainage district as in this act provided, no irregularity in the proceedings had prior to such incorporation or invalidity of the laws providing for such prior proceedings shall affect the validity of said incorporation, nor its rights, privileges, powers or duties.
History: L. 1925, ch. 163, § 7; March 2.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 4 - Drainage Districts Within Counties Or Cities › 24-487a Construction of K.S.A. 24-481 through 24-487.

24-487a.
Construction of
K.S.A.
24-481 through 24-487.
This act shall be construed as supplemental to existing laws relating to drainage, and not in limitation thereof.
History:
L. 1925, ch. 163, § 8; March 2.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 4 - Drainage Districts Within Counties Or Cities › 24-489 Dike or levee improvement in certain districts.

24-489.
Dike or levee improvement in certain districts.
That in any drainage district created, organized and existing under and by virtue of chapter 215 of the Session Laws of 1905, and acts amendatory of or supplemental thereto (chapter 24, article 4, Kansas Statutes Annotated, and acts amendatory and supplemental thereto), lying within or partly within any city of the first class, and embracing within the boundaries of such district, property of the assessed valuation of thirty million dollars ($30,000,000) or more, whenever, in the opinion of the board of directors of such district, the dikes or levees are of insufficient height, or in cases where the dikes or levees are of unequal or insufficient height, strength, or width on either bank of a river or stream, or in cases wherein dikes or levees are deemed by the board of directors to be weakened, out of repair, and in need of construction, reconstruction, rebuilding or repair, and that such dikes or levees, for any of the reasons above enumerated, are insufficient to provide adequate flood protection to the inhabitants and the property or any part thereof. The board of directors of such district may forthwith proceed to remedy such defective and unsafe conditions; and they are hereby authorized and empowered to take all necessary steps to remedy such conditions and pay therefor out of the funds derived from the bond issue as hereinafter provided: Provided, however, That nothing herein contained shall be construed to change or modify the existing statutes with reference to the specific uses for which the general fund of the district may be expended.
History:
L. 1933, ch. 63, § 1 (Special Session); November 30.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 4 - Drainage Districts Within Counties Or Cities › 24-490 Same; acquisition of land.

24-490.
Same; acquisition of land.
In order to accomplish the objects and purposes enumerated in K.S.A. 24-489, the board of directors of any such district is hereby authorized, empowered and directed to acquire all necessary lands or easements therein or thereon either by condemnation, purchase, lease or gift.
History:
L. 1933, ch. 63, § 2 (Special Session); November 30.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 4 - Drainage Districts Within Counties Or Cities › 24-491 Same; money or credits from federal government.

24-491.
Same; money or credits from federal government.
The board of directors of any such district is hereby authorized and directed to apply for and accept and receive gifts, or grants, or loans of money or credits, in whole or in part for the carrying out of any project or projects or improvement or improvements undertaken under this act, from the government of the United States, or any agency thereof: Provided, That money secured through such gifts or grants or loans shall be used exclusively for the payments of labor in connection with the works and improvements hereby authorized. Power and authority is hereby granted to the board of directors of any such drainage district to comply with all conditions and restrictions imposed by any lender or donor of funds, and do all things necessarily incident and proper to meet such requirements and conditions.
History:
L. 1933, ch. 63, § 3 (Special Session); November 30.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 4 - Drainage Districts Within Counties Or Cities › 24-492 Same; bonds.

24-492.
Same; bonds.
That in order to meet the necessary expenditures to enable the board of directors of any such district to plan works and supervise the expenditures of federal grants or other gifts or grants of funds, and to acquire necessary lands, easements, or leases, as herein provided, and to furnish the necessary and proper equipment, maintenance and materials, and funds for plans for supervision of expenditures and the proper direction and supervision of such projects, the board of directors of any such district are hereby empowered, authorized and directed to issue bonds of said district which shall be a lien upon all the taxable property of such district, without submitting any proposition to the voters, in an amount not exceeding seventy-five thousand dollars ($75,000): Provided, however, That not more than one issue of bonds shall be made for carrying out the purposes of this act.
History:
L. 1933, ch. 63, § 4 (Special Session); November 30.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 4 - Drainage Districts Within Counties Or Cities › 24-493 Same; duties of county engineer.

24-493.
Same; duties of county engineer.
In any and all districts located in counties having a county engineer, the county engineer shall have full control and supervision of the engineering work connected with improvements and repairs undertaken and carried on under the provisions of this act, and it is hereby made the duty of such county engineer to take charge of such works and improvements, and to make plans, supervise the work and expenditures without any further compensation than now provided by law. In the performance of his duties the county engineer shall have charge of the engineering department of any drainage board while carrying out work and improvements under the provisions of this act, and it shall be the duty of the drainage board and its engineering department and other employees of such board to comply with the directions and requirements of the county engineer without any extra compensation; and any and all costs and expenditures made necessary by the county engineer in carrying on the work shall be borne by the drainage district.
History:
L. 1933, ch. 63, § 5 (Special Session); November 30.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 4 - Drainage Districts Within Counties Or Cities › 24-495 Expenditure from general fund.

24-495.
Expenditure from general fund.
This act shall apply only to drainage districts organized under and by virtue of the provisions of chapter 215 of the Session Laws of 1905, and acts amendatory thereof or supplemental thereto.
History:
L. 1945, ch. 199, § 1; June 28.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 4 - Drainage Districts Within Counties Or Cities › 24-496 Same; improvements authorized.

24-496.
Same; improvements authorized.
When, in the opinion of the board of directors of any drainage district to which this act applies, an emergency within said district exists by reason of current injuries to persons and property, or imminent danger thereof, from floods or other injurious action of any water course within said district, the said board of directors may build new dikes and levees, and repair, expand and strengthen old ones, dig ditches, build jetties, or make any other changes, alterations and additions in existing improvements built for the purposes for which said district is organized, and may build any new structure or other improvement deemed necessary by said board to solve the problems created by such emergency; and may pay the expense of all steps taken in pursuance of the foregoing authority from the general fund of said district.
History:
L. 1945, ch. 199, § 2; June 28.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 4 - Drainage Districts Within Counties Or Cities › 24-497 Same; limitations.

24-497.
Same; limitations.
This act shall not be construed as authorizing any board of directors of any drainage district to expend from its general fund in any calendar year more money than is procured by taxation for its general fund for said year, nor as authorizing any board of directors of any drainage district to make any levy for taxation for raising money for its general fund in excess of the present limit of levy for such purpose.
History:
L. 1945, ch. 199, § 3; June 28.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 4 - Drainage Districts Within Counties Or Cities › 24-498 Detachment of certain lands; petition; hearing; notice; territory liable for outstanding bonded indebtedness.

24-498.
Detachment of certain lands; petition; hearing; notice; territory liable for outstanding bonded indebtedness.
That where any lands have been included in a drainage district organized under the drainage act of 1905, or acts amendatory thereof or supplemental thereto, and such lands have been harmed and not benefited by improvements made by such drainage district, the owners of such lands may file a petition with the board of county commissioners, describing the lands and naming the owners thereof and asking that such lands be detached from the drainage district. Upon the filing of such petition, the board of county commissioners shall fix a time and place for a public hearing on such petition and shall give notice thereof by one publication in the official county paper at least five and not more than ten days before the date fixed for such hearing.
At such hearing all persons in favor and opposed to such petition shall be given an opportunity to be heard. At or within ten days after such hearing, the board of county commissioners shall enter an order allowing or denying such petition. In the event the board shall allow such petition and order the lands detached from the drainage district, such detachment shall be effective as of the first day of March next following such order: Provided, That if such drainage district has outstanding any bonded indebtedness at the time such detachment of territory becomes effective, the lands so detached shall continue to be taxed for the purpose of paying such bonds and the interest thereon until the same have been retired.
History:
L. 1947, ch. 244, § 1; June 30.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 4 - Drainage Districts Within Counties Or Cities › 24-499a Same; expenditure of funds from district without budgeting.

24-499a.
Same; expenditure of funds from district without budgeting.
The township board of highway commissioners, and the board of county commissioners, to which funds are transferred by a drainage district under the provisions of K.S.A. 24-499, may proceed promptly with the purchase of rock or gravel, and with the distribution of the same upon public highways within said drainage district boundaries, in said township and county, without having to comply with other provisions of statute requiring the budgeting of funds, prior to expenditure thereof.
History:
L. 1965, ch. 240, § 2; April 19.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 4 - Drainage Districts Within Counties Or Cities › 24-4,100 Dissolution of certain inoperative districts located wholly within cities; procedure.

24-4,100.
Dissolution of certain inoperative districts located wholly within cities; procedure.
Whenever the county clerk shall petition the board of county commissioners to disorganize and dissolve a drainage district located wholly within a city in the county, and it shall appear from said petition that said drainage district has no property of any kind, the district has no officers or funds, has no outstanding indebtedness, has ceased to function for more than one (1) year and will continue to be inoperative, the board of county commissioners shall, within thirty (30) days after receipt of the petition, designate a time and place for a hearing to consider the dissolution of the district, and shall give notice thereof by one (1) publication in a newspaper of general circulation in the city wherein the district is located, said publication to be not less than ten (10) days prior to the date set for the hearing.
On the date set for the hearing, the commissioners shall hear any reasons why the district should not be dissolved. After the date of the hearing, the commissioners are authorized to adopt a resolution providing that the specified drainage district shall or shall not be disorganized and dissolved. Upon the adoption of such a resolution, the commissioners shall give notice thereof by publishing the resolution adopted once in a newspaper of general circulation in the city wherein the drainage district is to be dissolved. A certified copy of such resolution with proof of publication shall be filed with the county clerk. The effective date of the dissolution shall be the date of publication in the newspaper of general circulation in the city, unless the board of county commissioners shall specify a later date.
History:
L. 1961, ch. 194, § 1; June 30.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 5 - Drainage In Valley Of Natural Watercourse › 24-501 Drainage districts organized in valley of natural watercourse; procedure.

24-501.
Drainage districts organized in valley of natural watercourse; procedure.
For the purpose of increasing the drainage capacity of any natural watercourse by clearing it of all obstructions, excavating cutoffs, spillways and auxiliary channels and subject to the provisions of K.S.A. 19-270, a drainage district may be organized in the valley of any natural watercourse in Kansas, in the manner hereinafter provided.
History:
L. 1911, ch. 170, § 1; R.S. 1923, 24-501; L. 1986, ch. 70, § 29; May 15.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 5 - Drainage In Valley Of Natural Watercourse › 24-502 Petition; time for hearing; notice.

24-502.
Petition; time for hearing; notice.
Whenever a petition describing the upper and lower boundaries of any proposed drainage district, and containing the names of at least two-fifths of the owners of the acreage of such district resident in Kansas whose lands in whole or in part are included within the proposed drainage district, shall be presented to the board of county commissioners of the county in which such lands are located, praying that a drainage district be incorporated and organized under the provisions of this act, 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 thereof by one publication in some newspaper published and of general circulation in the county at least five days before the day fixed for the hearing.
History: L. 1911, ch. 170, § 2; March 27; R.S. 1923, 24-502.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 5 - Drainage In Valley Of Natural Watercourse › 24-502a Inclusion of land located in other benefit districts.

24-502a.
Inclusion of land located in other benefit districts.
Any land located within an improvement district created pursuant to K.S.A. 19-2753 et seq., and amendments thereto, or any land located within an industrial district created pursuant to K.S.A. 19-3801 et seq., and amendments thereto, shall not be included within the boundaries of any drainage district created pursuant to K.S.A. 24-501 et seq., and amendments thereto, unless the governing body of such improvement district or industrial district approves the inclusion thereof.
Nothing in this section shall be construed as providing a procedure for the detachment or deannexation of land located within the boundaries of a drainage district.
History:
L. 1997, ch. 143, § 14; May 8.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 5 - Drainage In Valley Of Natural Watercourse › 24-503 Hearing on petition; report to secretary of state.

24-503.
Hearing on petition; report to secretary of state.
That at the time fixed for the hearing of the petition as provided in the next preceding section, it shall be the duty of the board of county commissioners first to ascertain and determine whether notice has been given of the time of hearing as required by this act, and, if it shall be determined 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 opposed to granting any prayer of the petition, and all other evidence that it may desire to hear for the purpose of ascertaining whether such petition contains the proper number of signers possessing the qualifications prescribed by this act, and whether the statements in said petition are true; and if upon such hearing it shall be found that such petition is in conformity to the requirements of this act, then such board of county commissioners shall make a declaration and finding to that effect, and shall thereupon, without unnecessary delay, report said findings to the secretary of state.
History:
L. 1911, ch. 170, § 3; March 27; R.S. 1923, 24-503.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 5 - Drainage In Valley Of Natural Watercourse › 24-504 Proclamation by governor; date for election of directors; record of proceeding.

24-504. Proclamation by governor; date for election of directors; record of proceeding.
Whenever a majority of the counties to be included within the proposed drainage district have reported in favor of the organization of the drainage district, under the provisions of this act, the secretary of state shall report the fact to the governor of Kansas, who shall declare, by suitable proclamation, the territory described in the petition and set forth in the reports of the commissioners to constitute a public corporation, and the freeholders owning lands within the bounds, and resident within the state of Kansas, to be incorporated as a drainage district under the name designated in the petition, and the territory and the freeholders thereof, who are residents of the state of Kansas, and their successors, shall constitute a body politic and corporate under the corporate name and shall give perpetual succession.
In the proclamation the governor shall designate the Tuesday following the first Monday in November of the odd-numbered year following the issuing of the proclamation on which an election shall be held in each of the counties to be included within the proposed drainage district for the purpose of electing directors of the corporation, in number and in the manner hereinafter provided. The secretary of state shall make and keep full and complete records of the organization of all drainage districts organized under the provisions of this act, showing the findings and decisions of the boards of county commissioners and all of the acts of the governor in connection with the organization thereof, a true and correct copy of which he shall forward to the boards of county commissioners within five days after the issuing of the governor's proclamation provided for in this section, and they shall spread the same upon their records.
History:
L. 1911, ch. 170, § 4; R.S. 1923, 24-504; L. 2015, ch. 88, § 27; July 1.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 5 - Drainage In Valley Of Natural Watercourse › 24-505 Places for holding elections; judges and clerks.

24-505.
Places for holding elections; judges and clerks.
Promptly following the date of the governor's proclamation above provided for, and at least ten (10) days before each subsequent election, the respective county clerks of each of the counties to be included within the drainage district aforesaid shall designate a place or places for the holding of the election provided for in said proclamation and shall name three (3) judges and two (2) clerks for each of the precincts thus designated, who shall be resident freeholders of said district.
History:
L. 1911, ch. 170, § 5; R.S. 1923, 24-505; L. 1953, ch. 194, § 1; March 31.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 5 - Drainage In Valley Of Natural Watercourse › 24-506 Board of directors, qualifications; term.

24-506. Board of directors, qualifications; term.
(a) The board of directors of any drainage district incorporated pursuant to K.S.A. 24-501 et seq., and amendments thereto, shall consist of one person from each county in the district if the number of counties is odd, but if the number of counties is even, then there shall be an additional director at large. If the drainage district is located wholly within one county, the number of directors shall be three. Except as provided in subsection (b), the directors shall be freeholders who shall be residents of Kansas, whose lands in whole or in part are located within the district. The directors shall hold their offices for a term of four years and until their successors are elected and qualified. Elections to choose directors, except the first, shall be held on the Tuesday following the first Monday in November of the next odd-numbered year and every four years thereafter.
(b) If there are no residents in the drainage district, any owner of land within the district shall be a qualified voter and shall be qualified to hold the office of director.
History:
L. 1911, ch. 170, § 6; R.S. 1923, 24-506; L. 1983, ch. 118, § 10; L. 2006, ch. 207, § 7; L. 2015, ch. 88, § 28; July 1.