2-2008.   Soil erosion caused by wind; work performed for prevention;notice to landowners; special assessments; limitation;division of cost; action by landowner.(a) When work has been done by the county, or by anyone employed by itto carry out its orders respecting the planting or cultivation of anyspecific tract of land under K.S.A. 2-2004 or 2-2006, and amendments thereto,and warrants issued therefor, theboard of county commissioners shall notify the owner of the land, by certifiedmail or otherwise, of the amount thereof andrequire the owner to make a showing before them, on a day named, whichshall not be less than 30 days after the date of thenotice, as to why the cost of the work should not be levied against theland as a special assessment. Unless the owner of the land can show thatthe work was necessitated by circumstances beyond theowner's control, and which could not reasonably have been anticipated,the expense thereof shall be assessed against the land as a specialassessment.

      (b)   The assessment shall be made by an order of the board of countycommissioners, which order shall be recorded in its minutes, and shallbe collected as aspecial assessment. The amount of the assessment shall not exceed $3 peracre for each acre on which work is done for any one year, unless the boardof county commissioners determines at its first meeting during any calendaryear that $3 per acre is not adequate to cover the actual cost of the work.Upon such determination the board of county commissioners shall fix, at thefirst business meeting of the board during any calendar year, an amount inexcess of $3 per acre which the board determines to be a reasonableassessment per acre to cover the actual cost of the work during suchcalendar year. If the amount assessed against any such acre in any yearexceeds $3 or exceeds the amountfixed by the board of county commissioners in any year to cover the costper acre of the work for that year, or the total amount assessed againstany such acre in more than one year and which is uncollected exceeds $3or exceeds the amount fixed bythe board of county commissioners in any year to cover the cost per acre ofthe work for that year, such amount shall be collected in annualinstallments not exceeding $3 or the amount fixedby the board of county commissioners at its first meeting during anycalendar year to cover the actual cost of the work per such acre, as applicable.

      (c)   For good cause shown, the board of county commissioners maydivide the cost between the owner of the land and the county. All moneyscollected on such special assessment shall be credited to the soil-driftingfund. Any landowner aggrieved at the amount of theassessment against the landowner's land may bring anaction in the district court of the county in which the land is situated totest the validity of the assessment or to enjoin its collection, but suchaction must be brought within 30 days after the assessmentis made, and cannot be brought thereafter.

      History:   L. 1937, ch. 189, § 8; L. 1955, ch. 8, § 1;L. 1987, ch. 11, § 1; July 1.