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24-438. Eminent domain proceedings. Whenever it shall be deemed necessary to construct any levee across the right-of-way of any railroad company, and such railroad company shall be entitled to compensation therefor, the board of directors shall have the power to make such crossing or to condemn and appropriate so much of such right-of-way or land as may be necessary for that purpose in the manner hereinafter provided; and whenever it shall be deemed necessary to appropriate any private property for use by the district in widening, deepening or otherwise improving any natural watercourse to prevent the overflow thereof, or for the construction of any levee, canal, drain or other work, the board of directors shall cause a survey and description of the land so required out of the right-of-way or lands of such railroad company or out of the lands of any private owner to be made by a licensed land surveyor or a professional engineer who is competent to conduct a land survey and filed with its secretary, and thereupon shall make an order declaring that the appropriation of such land is necessary and setting forth for what purpose the same is to be used. The board of directors, as soon as practicable thereafter, shall proceed to exercise the power of eminent domain in accordance with the eminent domain procedure act.

History: L. 1905, ch. 215, § 39; R.S. 1923, 24-438; L. 1963, ch. 234, § 59; L. 2006, ch. 192, § 8; July 1.

Cross References to Related Sections:

Eminent domain procedure under watershed district act, see 24-1209, 26-501 through 26-517.

Law Review and Bar Journal References:

"Comments on Practice and Procedure in Eminent Domain," Raymond L. Spring, 35 J.B.A.K. 7, 8 (1966).

CASE ANNOTATIONS

1. Act including this section not repealed by K.S.A. 26-101 et seq. Brookings v. Riverside Drainage Dist., 135 Kan. 234, 235, 236, 237, 9 P.2d 656.

2. Drainage ditch purposely enlarged by forced erosion; district liable for property taken. Prickett v. Belvue Drainage District, 159 Kan. 136, 139, 141, 152 P.2d 870; Sester v. Belvue Drainage District, 159 Kan. 143, 152 P.2d 875.

3. Commissioner's report is sole evidence of the land appropriated, the extent of the easement and its use. Roberts v. Upper Verdigris Watershed, 193 Kan. 151, 152, 156, 392 P.2d 914.

4. Requirements mentioned in determining that zoning not a condition precedent to exercising power of eminent domain under K.S.A. 17-618 by electric utility. Concerned Citizens, United, Inc. v. Kansas Power and Light Co., 215 Kan. 218, 234, 523 P.2d 755.


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