24-611. Annexation of land to district; procedures; limitations. (a) Subject to the provisions of K.S.A. 19-270, and amendments thereto, and if the board of supervisors determines that land located outside the district benefits by the drainage improvements of the district, the board shall present a petition to the board of county commissioners of the county in which the greater portion of the territory of the original drainage district is located asking for the extension of the territorial limits of the district to include such land. The board of county commissioners shall investigate such petition and determine whether such land should be included within the district.
(b) The petition submitted pursuant to subsection (a) shall:
(1) Describe the land proposed to be included within the drainage district by sections or subdivisions of sections, according to the government survey or by metes and bounds;
(2) state that the land and property thereon are subject to injury and damage from the overflow of some natural or manmade watercourse, naming or describing it;
(3) state that improvement of the channel of such watercourse, the construction and maintenance of levees, drains, ditches, dikes, jetties, riprap or other works are necessary to prevent such overflow;
(4) state that such improvement or works will be conducive to the public health, convenience or welfare; and
(5) contain a prayer that the land described in the petition be included within such drainage district. If any land requested to be included in the original drainage district is located within the corporate limits of any city, it shall be sufficient to describe such land by appropriate number as lots or blocks or parts of lots or blocks.
Whenever a petition is presented to the board of county commissioners pursuant to this section, the board of county commissioners shall fix a time for the hearing of such petition. Notice of such hearing shall be published at least once in a newspaper of general circulation in the county in which the land described in the petition is located at least 10 days before the date fixed for the hearing.
(c) Following such hearing, if the board finds the petition is in conformity to the requirements of this section and that the allegations thereof are true, the board shall make a finding and decision to that effect, and shall declare the land described in the petition to be annexed to and included within the original drainage district. No territory within any city located in a county having an assessed tangible valuation of more than $150,000,000 shall be included within any drainage district without the approval of the governing body of such city.
History: L. 1911, ch. 168, § 11; L. 1911, H.J.R. No. 15, p. 277; R.S. 1923, 24-611; L. 1977, ch. 126, § 2; L. 2001, ch. 76, § 1; July 1.
Structure Kansas Statutes
Chapter 24 - Drainage And Levees
Article 6 - Drainage In One Or More Counties
24-601a Inclusion of land located in other benefit districts.
24-602 Summons to owners of real estate.
24-605 Elections, supervisors and bonds and no-fund warrant issues; vacancies.
24-606a Annual election of supervisors; notice.
24-608 Organization of board of supervisors; district treasurer; county treasurer's duties.
24-610 Drain commissioner; term; duties; bond; oath.
24-611 Annexation of land to district; procedures; limitations.
24-611a Agreements to allow drainage from land located outside district.
24-612 Rights of way and removal of obstructions in streams; eminent domain proceedings.
24-613 Hearing of objections to report of engineer; notice; filing of report.
24-614 Who may file objections to report; adjournments of hearings.
24-616 Hearings to objections to engineer report; costs; fees.
24-617 Appeal from decision of board; bond; transcript; procedure.
24-618 Tax levies; installments; correction of assessments; certification of levies.
24-619 Supplemental assessments.
24-620 Expenses apportioned to street, highway or railroad; collection.
24-621 Issuance of bonds; levy to pay bonds; temporary loan.
24-622 Resolution for bond issue.
24-623 Lien of assessments; sinking fund.
24-624 Sale of bonds; use of proceeds; deposit of money.
24-625 Powers and duties of board; works affecting highway, railroad or state property.
24-628 Outlet or discharge of more than one district into stream; apportionment of cost.
24-629 Outlet for lateral drains.
24-630 Subdistrict where land separated from drainage; petition.
24-633 Compensation and expenses of officers and employees.
24-635 Overseers; appointment; powers and duties.
24-636 Civil liability for obstructing or injuring property; penalty.
24-637 Construction of act; defects in assessments; modification of assessments.
24-638 Contest of assessments.
24-639 District to be body politic and corporate; corporate name; general powers.
24-640 Construction of act; petition required, when.
24-641 Legalizing drainage districts created by district court or board of county commissioners.
24-641a Same; special election of officers, when.
24-642 Same; boundaries legalized.
24-643 Same; bond issues legalized.
24-644 Same; tax levies and assessments legalized.
24-645 Same; acts done in conformity to law legalized.
24-646 Same; application of act.
24-648 Same; duties of trustees.
24-649 Same; how funds secured by trustees; tax levy.
24-650 Same; notice of disorganization; filing of claims.
24-651 Same; funds for payment of claims.
24-652 Same; care and sale of property.
24-653 Same; final report and discharge of trustees.
24-654 Renewal, extension and restoration of articles of incorporation; petition to court; record.
24-655 Same; validation of prior acts; vesting of property rights and credits; liabilities.
24-656 Drainage districts organized with territory in two or more counties; definitions.
24-658 Same; petition by verified landowners; county clerk to furnish record of ownership, when.
24-658a Inclusion of land located in other benefit districts.
24-659 Same; contents of petition; form; map.
24-664 Same; district as body politic and corporate; powers; designation of home office.
24-665a Same; annual meeting; notice; elections.