State Codes and Statutes

State Codes and Statutes

Statutes > Kansas > Chapter24 > Article4 > Statutes_13067



      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 drainso that the water on such land or easement will be drained into thedrainage system of any drainage district or into any natural depression,draw or watercourse, or any artificial ditch, tile, or drain that drainsinto such drainage system, without first having entered into writtencontract with the board of directors of such drainage district, shall bedeemed to have made voluntary application to be included in such drainagedistrict and receive the benefits thereof; or if by the natural grade andformation of such land, the surface or flood water, or both, therefrom aredrained into any ditch, tile, drain, natural depression, draw orwatercourse in such drainage system of such drainage district, the owner ofsuch land or easement shall be deemed to receive the benefits of suchdrainage system. Then and in either such case, the board of directors ofsuch drainage district shall bring an action in the county where such landor easement is located, stating the name of such owner, description of theland and of the ditch, drain or natural grade or formation leading into thesystem of such drainage district.

      Any judgment so rendered may be filed in the office of the clerk of thedistrict court of the county and become a lien on such land in like manneras other judgments: Provided, however, That in case any such land oreasement therein which drains or is drained into the drainage system of anyother drainage district as aforesaid is situated within a drainage districtorganized under any law of the state of Kansas, the drainage district inwhich such land so drained is situated may be made the defendant instead ofthe owner of said land as hereinbefore provided, and in such case thedrainage district prosecuting such proceedings shall have the option ofprosecuting the same in the district court in which such drainage districtor the major portion thereof is located, and if such proceedings are soprosecuted in the district court they shall be governed entirely by thecode of civil procedure of the state of Kansas, and such court shall rendersuch judgment as the facts shall warrant: Provided, however, That suchdistrict court may in lieu of other judgment assess against the drainagedistrict receiving the benefits of the drainage of its land into the systemof another district as hereinbefore set out, an annual payment commensuratewith such benefits. All money collected by proceedings under this sectionshall be paid in to the treasurer of the district bringing such proceedingsto be used as other funds thereof.

      History:   L. 1919, ch. 188, § 7; L. 1923, ch. 138, § 2; March 26; R.S. 1923,24-469.