Printable Format19-1426. Appeal from report of survey; recordation of survey. (a) Upon the filing of the report of each survey, any person interested in such report can at any time within 30 days thereafter appeal to the district court, by filing with the county surveyor a notice of such person's intention to appeal and by giving a bond, to be approved by the judge of the district court, conditioned for the payment of costs of the appeal if the report of the county surveyor is affirmed by the court. Upon the filing of such notice and bond the county surveyor shall certify the appeal to the clerk of the district court, and shall file with the clerk a certified copy of the report appealed from, including the affidavits, if any, filed therewith. The court shall hear and determine the appeal, and enter an order of judgment approving or rejecting the report, or modifying or amending the report, or may refer the report back to the county surveyor to correct the survey and report in conformity with the decree of the court, or may, for good cause shown, set aside the report and appoint one or more land surveyors, who shall proceed at the time mentioned in the order of the court, to survey and determine the corners and boundaries of the land in question, and shall report the same to the court for further action.
(b) The corners and boundaries established in any survey made in pursuance of an agreement, or in any survey where no appeal is taken from the county surveyor's report, and such corners and boundaries as are established by the decree of the court, shall be held and considered as permanently established, and shall not thereafter be changed. When any report of a survey made in pursuance of an agreement, or of legal notice, or by the order of court, becomes final, it shall be the duty of the county surveyor to record the report in the records of permanent surveys. The county surveyor shall also make a certified record of such survey on paper of the same size as the record of permanent surveys, suitable for binding, and shall file the record in the office of register of deeds.
History: L. 1891, ch. 89, § 10; R.S. 1923, 19-1426; L. 1992, ch. 314, § 2; L. 2011, ch. 49, § 12; July 1.
Source or Prior Law:
L. 1879, ch. 177, § 3.
CASE ANNOTATIONS
1. Irregularities in survey cured only by appeal. Close v. Huntington, 66 Kan. 354, 71 P. 812.
2. Bond by one party affected sufficient to give jurisdiction of case; statute should be liberally construed in favor of appeal. Goffinet v. Soper, 77 Kan. 555, 95 P. 571.
3. District court may consider any lawful objection to report; injunction lies to enjoin another survey after boundaries once established. Washington v. Richards, 78 Kan. 114, 117, 96 P. 32.
4. Record of former survey admissible in evidence. Dent v. Simpson, 81 Kan. 217, 222, 105 P. 542.
5. Report conclusive in absence of appeal. Edwards v. Fleming, 83 Kan. 653, 658, 112 P. 836.
6. Section applies to land survey only, not road survey. Willis v. Stafford, 84 Kan. 570, 114 P. 854.
7. Appeal considered and held taken within time prescribed. Anderson v. Roberts, 86 Kan. 175, 176, 119 P. 354.
8. Conclusive effect of survey not appealed from may be waived. In re Martin's Appeal, 86 Kan. 336, 120 P. 545.
9. Sufficiency of notice of appeal considered. In re Artz's Appeal, 91 Kan. 829, 832, 139 P. 360.
10. Costs are taxable in discretion of court. Libbey v. Holloway, 92 Kan. 163, 139 P. 1188.
11. When special findings of fact or law not required. In re Appeal from Survey, 106 Kan. 222, 187 P. 677.
12. Survey unappealed from is conclusive and not subject to collateral attacKan. Stalnaker v. Bair, 110 Kan. 1, 202 P. 600.
13. Appeal must be taken within statutory time. Great Western Petroleum Corp. v. Allen, 119 Kan. 731, 241 P. 248.
14. Authority of district court on appeal considered. Boyer v. Champeny, 125 Kan. 319, 322, 263 P. 1066.
15. Section cited as to recording in determining weight as evidence. Hammond v. City of Ottawa, 127 Kan. 874, 275 P. 141.
16. Bond to secure appeal costs must be absolute and unconditional; bond insufficient, court without jurisdiction. Eidson v. Palmquist, 188 Kan. 373, 374, 375, 376, 377, 362 P.2d 626.
17. Mentioned on an appeal from county survey. Frey v. Feeders, 207 Kan. 764, 767, 486 P.2d 1377.
18. All landowners adjacent to boundary line benefit from official survey. Gnadt v. Durr, 208 Kan. 783, 784, 787, 788, 494 P.2d 1219.
19. When no appeal was taken from statutory survey, the boundaries and corners of the section are permanently established by the survey. Mahlandt v. Jabes, 232 Kan. 435, 438, 439, 658 P.2d 356 (1983).