24-701.Application to district court for drainage in certain cases;petition; bond.(a) Whenever any owner or owners of land which would be benefited by drainage,which cannot be accomplished in the best and cheapest manner without affectingthe lands of others, shall desire such drainage; or whenever any township boardshall desire to provide for the drainage of a public highway; or whenever anyschool-district board shall desire to provide for the drainage of the groundsof a public school, which drainage shall affect the lands of others; orwhenever the mayor and council of any city shall find it necessary for thesuccessful drainage of such city to construct any drain as an inlet or outletleading into or out of such city, or to construct drains outside such city toprevent the flooding of such city, which drain, inlet or outlet cannot beconstructed without affecting the lands of others, such owner or owners,township board, school-district board, or mayor and council of any city, as thecase may be, may apply for such drainage by petition to the district court ofthe county in which any of the lands of the petitioner or petitioners aresituated; or, in case of a township board or school-district board or the mayorand council of a city, to the district court of the county in which suchtownship, school district or city is located.
(b) The petition shall:
(1) Describe the lands which will be affected by such drain in tracts of 40acres according to the government survey, or in smaller fractions of a sectionif owned in smaller tracts;
(2) describe by metes and bounds all lands not susceptible of description asfractions of a section;
(3) give the name or names of the occupant or occupants and of the owner orowners of each tract, if known, and if not known shall so state;
(4) name any township and highway and grounds of any public school by theappropriate number of the district and appropriate description of the grounds;and
(5) list the name of any city which it is believed would be benefited bysuch drainage or in which the drainage of a public highway, the grounds of apublic school or street would be improved. If any of the lands to be sobenefited or damaged lie within the corporate limits of any city or town, thesame shall be described by lots or blocks, by their appropriate numbers, whensuch lots or blocks are numbered on the plat books in the office of theregister of deeds of the county. If the right of way of any railroad,interurban railway or street-car company is believed to be affected, it shallbe sufficient to describe it as the right of way of such railroad or company,naming it, through the sections, townships and ranges on which it is located,giving the number of the same.
(c) Such petition shall be sufficient to give the court jurisdiction overall lands described therein, and power to fix a lien thereon, if they aredescribed as belonging to the persons who appear to be the owners, according tothe last assessment roll or record of transfers kept by the county clerk of thecounty in which such lands are situated. The petition shall also state that inthe opinion of the petitioner or petitioners the public health will beimproved, or that one or more public highways in the county, or streets in acity or town therein, will be benefited by the proposed drainage, or that theproposed work will be of public utility. The petition shall further state,generally, the method by which it is believed such drainage can be accomplishedin the cheapest and best manner, and the belief of the petitioner orpetitioners that the cost, damages and expenses of such drainage will be lessthan the benefits which will result to the owners of the lands and otherproperties and easements, and to such lands, easements and other properties andto municipalities likely to be benefited thereby. Such petition shall beverified by the affidavit of one or more of the petitioners.
(d) At the time of filing the petition the petitioner or petitioners shallalso give bond, payable to the state of Kansas, with one or more sureties to beapproved by the judge of the district court, conditioned for the payment of allexpenses in the event the court shall not establish such proposed work ofdrainage.
History: L. 1907, ch. 197, § 1; L. 1909, ch. 129, § 1; R.S. 1923,24-701; L. 1992, ch. 314, § 4; July 1.
24-701.Application to district court for drainage in certain cases;petition; bond.(a) Whenever any owner or owners of land which would be benefited by drainage,which cannot be accomplished in the best and cheapest manner without affectingthe lands of others, shall desire such drainage; or whenever any township boardshall desire to provide for the drainage of a public highway; or whenever anyschool-district board shall desire to provide for the drainage of the groundsof a public school, which drainage shall affect the lands of others; orwhenever the mayor and council of any city shall find it necessary for thesuccessful drainage of such city to construct any drain as an inlet or outletleading into or out of such city, or to construct drains outside such city toprevent the flooding of such city, which drain, inlet or outlet cannot beconstructed without affecting the lands of others, such owner or owners,township board, school-district board, or mayor and council of any city, as thecase may be, may apply for such drainage by petition to the district court ofthe county in which any of the lands of the petitioner or petitioners aresituated; or, in case of a township board or school-district board or the mayorand council of a city, to the district court of the county in which suchtownship, school district or city is located.
(b) The petition shall:
(1) Describe the lands which will be affected by such drain in tracts of 40acres according to the government survey, or in smaller fractions of a sectionif owned in smaller tracts;
(2) describe by metes and bounds all lands not susceptible of description asfractions of a section;
(3) give the name or names of the occupant or occupants and of the owner orowners of each tract, if known, and if not known shall so state;
(4) name any township and highway and grounds of any public school by theappropriate number of the district and appropriate description of the grounds;and
(5) list the name of any city which it is believed would be benefited bysuch drainage or in which the drainage of a public highway, the grounds of apublic school or street would be improved. If any of the lands to be sobenefited or damaged lie within the corporate limits of any city or town, thesame shall be described by lots or blocks, by their appropriate numbers, whensuch lots or blocks are numbered on the plat books in the office of theregister of deeds of the county. If the right of way of any railroad,interurban railway or street-car company is believed to be affected, it shallbe sufficient to describe it as the right of way of such railroad or company,naming it, through the sections, townships and ranges on which it is located,giving the number of the same.
(c) Such petition shall be sufficient to give the court jurisdiction overall lands described therein, and power to fix a lien thereon, if they aredescribed as belonging to the persons who appear to be the owners, according tothe last assessment roll or record of transfers kept by the county clerk of thecounty in which such lands are situated. The petition shall also state that inthe opinion of the petitioner or petitioners the public health will beimproved, or that one or more public highways in the county, or streets in acity or town therein, will be benefited by the proposed drainage, or that theproposed work will be of public utility. The petition shall further state,generally, the method by which it is believed such drainage can be accomplishedin the cheapest and best manner, and the belief of the petitioner orpetitioners that the cost, damages and expenses of such drainage will be lessthan the benefits which will result to the owners of the lands and otherproperties and easements, and to such lands, easements and other properties andto municipalities likely to be benefited thereby. Such petition shall beverified by the affidavit of one or more of the petitioners.
(d) At the time of filing the petition the petitioner or petitioners shallalso give bond, payable to the state of Kansas, with one or more sureties to beapproved by the judge of the district court, conditioned for the payment of allexpenses in the event the court shall not establish such proposed work ofdrainage.
History: L. 1907, ch. 197, § 1; L. 1909, ch. 129, § 1; R.S. 1923,24-701; L. 1992, ch. 314, § 4; July 1.
24-701.Application to district court for drainage in certain cases;petition; bond.(a) Whenever any owner or owners of land which would be benefited by drainage,which cannot be accomplished in the best and cheapest manner without affectingthe lands of others, shall desire such drainage; or whenever any township boardshall desire to provide for the drainage of a public highway; or whenever anyschool-district board shall desire to provide for the drainage of the groundsof a public school, which drainage shall affect the lands of others; orwhenever the mayor and council of any city shall find it necessary for thesuccessful drainage of such city to construct any drain as an inlet or outletleading into or out of such city, or to construct drains outside such city toprevent the flooding of such city, which drain, inlet or outlet cannot beconstructed without affecting the lands of others, such owner or owners,township board, school-district board, or mayor and council of any city, as thecase may be, may apply for such drainage by petition to the district court ofthe county in which any of the lands of the petitioner or petitioners aresituated; or, in case of a township board or school-district board or the mayorand council of a city, to the district court of the county in which suchtownship, school district or city is located.
(b) The petition shall:
(1) Describe the lands which will be affected by such drain in tracts of 40acres according to the government survey, or in smaller fractions of a sectionif owned in smaller tracts;
(2) describe by metes and bounds all lands not susceptible of description asfractions of a section;
(3) give the name or names of the occupant or occupants and of the owner orowners of each tract, if known, and if not known shall so state;
(4) name any township and highway and grounds of any public school by theappropriate number of the district and appropriate description of the grounds;and
(5) list the name of any city which it is believed would be benefited bysuch drainage or in which the drainage of a public highway, the grounds of apublic school or street would be improved. If any of the lands to be sobenefited or damaged lie within the corporate limits of any city or town, thesame shall be described by lots or blocks, by their appropriate numbers, whensuch lots or blocks are numbered on the plat books in the office of theregister of deeds of the county. If the right of way of any railroad,interurban railway or street-car company is believed to be affected, it shallbe sufficient to describe it as the right of way of such railroad or company,naming it, through the sections, townships and ranges on which it is located,giving the number of the same.
(c) Such petition shall be sufficient to give the court jurisdiction overall lands described therein, and power to fix a lien thereon, if they aredescribed as belonging to the persons who appear to be the owners, according tothe last assessment roll or record of transfers kept by the county clerk of thecounty in which such lands are situated. The petition shall also state that inthe opinion of the petitioner or petitioners the public health will beimproved, or that one or more public highways in the county, or streets in acity or town therein, will be benefited by the proposed drainage, or that theproposed work will be of public utility. The petition shall further state,generally, the method by which it is believed such drainage can be accomplishedin the cheapest and best manner, and the belief of the petitioner orpetitioners that the cost, damages and expenses of such drainage will be lessthan the benefits which will result to the owners of the lands and otherproperties and easements, and to such lands, easements and other properties andto municipalities likely to be benefited thereby. Such petition shall beverified by the affidavit of one or more of the petitioners.
(d) At the time of filing the petition the petitioner or petitioners shallalso give bond, payable to the state of Kansas, with one or more sureties to beapproved by the judge of the district court, conditioned for the payment of allexpenses in the event the court shall not establish such proposed work ofdrainage.
History: L. 1907, ch. 197, § 1; L. 1909, ch. 129, § 1; R.S. 1923,24-701; L. 1992, ch. 314, § 4; July 1.
