State Codes and Statutes

State Codes and Statutes

Statutes > Kansas > Chapter24 > Article4 > Statutes_13073

24-475

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

      24-475.   Payment of judgment, cost and award; bonds; tax levy;reversion of land, when; damages.The drainage districts into or through which such navigable streamflows are hereby made liable for the value of any land so appropriated,together with all damages which may be occasioned thereby to the ownerof the land so appropriated and the cost of said suit, and any judgmentrendered in said action against the state of Kansas shall be a lien uponall the taxable property in such drainage district and the board ofdirectors of such drainage district is hereby empowered and directed topay said judgment, the cost and award, from the funds in their hands andunder their control for such purpose, and in the event such funds areinsufficient or for any reason may not be used for such purpose, theboard of directors shall issue bonds or levy a tax for the paymentthereof as provided by law; and in the event that the board of directorsof such district shall fail or neglect to pay the full amount of thejudgment, cost and award, as herein provided, the board of countycommissioners of the county wherein such land is situated, is herebyempowered and directed to levy a tax upon all the taxable propertywithin the limits of such drainage district and cause the same to beextended upon the tax rolls and collected as other taxes in a sumsufficient to pay such judgment, cost and award in full, and the samewhen so collected shall be so applied; and if for any reason thereshould be a failure to satisfy such judgment, the rights of the state tosuch tract or tracts of land shall be divested and the possession ofsuch tract or tracts of land shall revert to the former adjudicatedowners, in which event compensation shall be awarded for any loss ordamage occasioned by such temporary appropriation, and the court shallrender judgment therefor, which judgment shall be enforceable as in caseof permanent appropriation: Provided, however, That in any suchaction it shall be competent for the state to dispute and contest thetitle of the claimant and to show that the land so appropriatedconstituted an obstruction or encroachment wrongfully placed in thechannel or between the banks of said stream, or that for any otherreason the claimant is not entitled to any compensation therefor and, ifit shall be found that the land so appropriated constituted anobstruction wrongfully placed in said stream or that for any reason theclaimant is not entitled to compensation or damage therefor, judgmentshall be rendered accordingly.

      History:   L. 1911, ch. 172, § 6; Jan. 30; R.S. 1923, 24-475.