17-618. Eminent domain, exercise by sundry corporations and partnerships.
17-618
17-618. Eminent domain, exercise by sundry
corporations and partnerships.
Lands may be appropriated for the use of macadam-road, plank-road,
hospital corporation or association, telegraph and telephone
corporations, electric, hydraulic, irrigating, milling and manufacturing
corporations using power, oil companies, pipeline companies, and for
the piping of gas in the same manner as is provided in K.S.A. 26-501 to
26-516, inclusive, and any macadam-road,
plank-road, telegraph and telephone corporations, hydraulic, irrigating,
oil company, pipeline company, gas company, partnership holding a
certificate of convenience as a public utility issued by the state
corporation commission, milling or manufacturing corporation using power
desiring the right to dam or take water from any stream, to conduct
water in canals or raceways or pipes, or to conduct compressed air in
pipes, or to conduct oil in pipes or conduct gas in pipes, or transmit
power or communications by shafting, belting, or belting and pulleys, or
ropes and pulleys, or by electrical current, or by compressed air, may
obtain such right or the right-of-way for all necessary canals,
raceways, pipes, shafting, belting and pulleys, ropes and pulleys or
wires or cables in manner as aforesaid; and such canals, raceways,
pipes, shafting, belting, belting and pulleys, ropes and pulleys or
wires or cables may be laid, carried or stretched on, through or over
any land or lot, or along or upon any stream of water, using so much of
the water thereof as may be needed for any of the purposes aforesaid, or
through any street or alley or public ground of any city of the second
or third class: Provided, That no such canal or raceway shall be
located through any street or alley or any public ground of any city
without the consent of the municipal authorities thereof: Provided
further, That it shall be unlawful for any person or corporation to
locate or construct any irrigating canal or raceway along or upon any
stream of water or take and use the water of any stream in such manner
as to interfere with or in any wise hinder, delay or injure any milling
or irrigating improvements already constructed or located along or upon
any stream of water, or to diminish the supply of water flowing to or
through any established irrigating canal: Provided further, That in
case of the erection of a dam, the report of the commissioners, instead
of defining the quantity and boundaries of the land overflowed, shall
designate 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.