KANSAS OFFICE of
  REVISOR of STATUTES

  

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24-458. Incorporation of district where owners of three-fifths of land are nonresidents; petition. Whenever contiguous lands consisting of tracts owned in severalty by different owners shall be subject to injury from the overflow of any natural watercourse, and such land may as a body be protected from such overflow and injury by the construction of levees or other works, but the owners of ⅗ of the acreage of such body of lands are nonresidents and there shall not be five taxpayers resident within the territory including such lands, then subject to the provisions of K.S.A. 19-270, such territory may be incorporated as a drainage district by the board of county commissioners upon the presentation of a petition as prescribed by K.S.A. 24-403, and amendments thereto. Such petition shall be signed by not less than ⅗ of the persons who own and pay taxes on land situated within such territory, and shall state the above facts in addition to the facts required to be stated in the petition prescribed by K.S.A. 24-403, and amendments thereto.

History: L. 1911, ch. 173, § 1; R.S. 1923, 24-458; L. 1986, ch. 70, § 27; May 15.

CASE ANNOTATIONS

1. Public policy of organizing district to be determined by county commissioners. State, ex rel., v. Drainage District, 123 Kan. 191, 201, 254 P. 372.

2. Organization petition considered and held insufficient under this section. State, ex rel., v. Niotaze Drainage Dist., 140 Kan. 1, 5, 34 P.2d 124.


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