State Codes and Statutes

State Codes and Statutes

Statutes > Kansas > Chapter24 > Article4 > Statutes_13038

24-438

Chapter 24.--DRAINAGE AND LEVEES
Article 4.--DRAINAGE DISTRICTS WITHIN COUNTIES OR CITIES

      24-438.   Eminent domain proceedings.Whenever it shall be deemed necessary to construct any levee acrossthe right-of-way of any railroad company, and such railroad companyshall be entitled to compensation therefor, the board of directors shallhave the power to make such crossing or to condemn and appropriate somuch of such right-of-way or land as may be necessary for that purposein the manner hereinafter provided; and whenever it shall be deemednecessary to appropriate any private property for use by the district inwidening, deepening or otherwise improving any natural watercourse toprevent the overflow thereof, or for the construction of any levee,canal, drain or other work, the board of directors shall cause a surveyand description of the land so required out of the right-of-way or landsof such railroad company or out of the lands of any private owner to bemade by a licensed land surveyor or aprofessional engineer who is competent to conduct a land survey andfiled with its secretary, andthereupon shall make an order declaring that the appropriation of suchland is necessary and setting forth for what purpose the same is to beused. The board of directors, as soon as practicable thereafter, shallproceed to exercise the power of eminent domain in accordance withthe eminent domain procedureact.

      History:   L. 1905, ch. 215, § 39; R.S. 1923, 24-438; L. 1963,ch. 234, § 59;L. 2006, ch. 192, § 8; July 1.