17-618.   Eminent domain, exercise by sundrycorporations and partnerships.Lands may be appropriated for the use of macadam-road, plank-road,hospital corporation or association, telegraph and telephonecorporations, electric, hydraulic, irrigating, milling and manufacturingcorporations using power, oil companies, pipeline companies, and forthe piping of gas in the same manner as is provided in K.S.A. 26-501 to26-516, inclusive, and any macadam-road,plank-road, telegraph and telephone corporations, hydraulic, irrigating,oil company, pipeline company, gas company, partnership holding acertificate of convenience as a public utility issued by the statecorporation commission, milling or manufacturing corporation using powerdesiring the right to dam or take water from any stream, to conductwater in canals or raceways or pipes, or to conduct compressed air inpipes, or to conduct oil in pipes or conduct gas in pipes, or transmitpower or communications by shafting, belting, or belting and pulleys, orropes and pulleys, or by electrical current, or by compressed air, mayobtain such right or the right-of-way for all necessary canals,raceways, pipes, shafting, belting and pulleys, ropes and pulleys orwires or cables in manner as aforesaid; and such canals, raceways,pipes, shafting, belting, belting and pulleys, ropes and pulleys orwires or cables may be laid, carried or stretched on, through or overany land or lot, or along or upon any stream of water, using so much ofthe water thereof as may be needed for any of the purposes aforesaid, orthrough any street or alley or public ground of any city of the secondor third class: Provided, That no such canal or raceway shall belocated through any street or alley or any public ground of any citywithout the consent of the municipal authorities thereof: Providedfurther, That it shall be unlawful for any person or corporation tolocate or construct any irrigating canal or raceway along or upon anystream of water or take and use the water of any stream in such manneras to interfere with or in any wise hinder, delay or injure any millingor irrigating improvements already constructed or located along or uponany stream of water, or to diminish the supply of water flowing to orthrough any established irrigating canal: Provided further, That incase of the erection of a dam, the report of the commissioners, insteadof defining the quantity and boundaries of the land overflowed, shalldesignate particularly the height of such dam.

      History:   G.S. 1868, ch. 23, § 88; L. 1871, ch. 64, § 1; L. 1876, ch. 58, § 1;L. 1891, ch. 85, § 1; L. 1899, ch. 95, § 1; L. 1901, ch. 128, § 1; L.1917, ch. 122, § 1; R.S. 1923, 17-618; L. 1947, ch. 183, § 1; L. 1963,ch. 234, § 37; Jan. 1, 1964.