Printable Format24-434. Construction and purposes of act; limitation of actions. This act shall be liberally construed, to encourage the improvement of natural watercourses, to protect lands from damage and injury by overflow, and promote the public health, convenience, and welfare; and the collection of general or special taxes or assessments levied under the provisions of this act shall not be defeated by reason of any omission, imperfection or defect in the organization of any drainage district or in any proceeding accruing prior to the issuing of any bond or the confirmation of the report of the assessors of any special assessment, and no suit to set aside any general or special tax or assessment or to enjoin the making or collection of any assessment or installment thereof, and no defense of any kind to the validity of any improvement bond or assessment to pay the same, shall be allowed unless brought within thirty days after the confirmation of the assessors' report.
History: L. 1905, ch. 215, ยง 35; February 25; R.S. 1923, 24-434.
Attorney General's Opinions:
Drainage act of 1905; organization of drainage districts. 90-32.
CASE ANNOTATIONS
1. Matters must be submitted to board before resort to courts. Railway Co. v. Montgomery County, 93 Kan. 319, 320, 321, 144 P. 209.
2. Drainage district is public corporation organized for public purpose; district not liable for bridges made necessary by ditches. Jefferson County v. Drainage District, 97 Kan. 302, 303, 155 P. 54.
3. Mentioned in reversing judgment against district for damages because of trial errors. Wolf v. Second Drainage District, 179 Kan. 655, 665, 298 P.2d 305; clarified on rehearing, 180 Kan. 312, 304 P.2d 473.
4. Thirty-day limitation does not apply when assessment is illegal. Kansas City v. Fairfax Drainage Dist., 34 F.2d 357, 362.