Printable Format24-601. Formation of drainage district by owners of swamp or overflowed lands; articles of association. Subject to the provisions of K.S.A. 19-270, a majority in interest of the owners in any contiguous body of swamp or overflowed lands in the state, located in one or more counties in this state, may form a drainage district for the purpose of having such land reclaimed and protected from the effects of water, by drainage or otherwise, and for that purpose may make and sign articles of association, in which shall be stated the name of the district, the limits of the proposed drainage district, which shall in no event embrace an area of less than 160 acres, the names and place of residence of the owners of the land in the district, and the description of each tract or parcel of land in the district owned by those who may organize the district and also the name or names and the description of the real estate owned by such as do not join in the organization of the district, but who will be benefited thereby, and such owners of real estate as are unknown may be set out in such article as such. The article shall further state that the owners of real estate so forming the district for such purpose are willing to obligate themselves to pay the tax or taxes which may be assessed against them to pay the expenses to make the improvements that may be necessary to effect the drainage of the lands so formed into a district, as provided by law, and after the article of association is signed the same is filed in the office of the clerk of the district court of the county in which such drainage district is located, or if such drainage district is composed of tracts or parcels of land in two or more different counties, then in the office of the clerk of the district court of the county in which the greater portion of the proposed drainage district is located, praying that they may be declared a drainage district under this article.
History: L. 1911, ch. 168, § 1; R.S. 1923, 24-601; L. 1983, ch. 118, § 14; L. 1986, ch. 70, § 30; May 15.
CASE ANNOTATIONS
1. Appropriation of land under this act considered. Drainage District v. Railway Co., 99 Kan. 188, 193, 161 P. 937.
2. Five-year term for supervisors void; effect of decision stated. The State, ex rel., v. Drainage District, 102 Kan. 575, 576, 171 P. 634.
3. Injury caused by drainage system; injunction; proper party plaintiff. Drainage District v. Drainage District, 104 Kan. 233, 234, 178 P. 433.
4. Appeal from order of supervisors; record of acts. Chase County v. Drainage District, 106 Kan. 315, 316, 187 P. 694.
5. Authority of district organized under article 6 considered. Schrag v. Blaze Fork Drainage District, 119 Kan. 169, 237 P. 1047.
6. Not unconstitutional as delegation of legislative power. State, ex rel., v. Drainage District, 123 Kan. 191, 254 P. 372; Lyon County Comm'rs v. Bernheisel, 123 Kan. 204, 254 P. 371.
7. Cited in action between private parties for removal of dike. Bailey v. Brown, 125 Kan. 149, 153, 264 P. 35.
8. District abandoned; mandamus to compel levy before claims reduced to judgment allowed. Fidelity Nat'l Bank and Trust Co. v. Morris, 130 Kan. 290, 293, 286 P. 206.
9. Quo warranto action testing legality of drainage district; petition held insufficient. State v. Drainage Dist. No. 3, 166 Kan. 225, 226, 200 P.2d 278.
10. Applicability of certain provisions of K.S.A. 24-705 to district created hereunder discussed; quo warranto action to dissolve district. State v. Drainage Dist. No. 3, 167 Kan. 213, 220, 205 P.2d 997.
11. Cash-basis or budget law did not repeal or render inoperative drainage acts. McCall v. Goode, 168 Kan. 361, 212 P.2d 209.
12. Drainage districts; formation; district court, authority, function, findings conclusive, when. State, ex rel., v. Drainage Dist. No. 3, 168 Kan. 568, 570, 571, 572, 573, 215 P.2d 161.
13. Condemnation petition must plead facts required by statute; jurisdictional, proceeding vitiated. Dick v. Drainage District No. 2, 187 Kan. 520, 525, 358 P.2d 744.