24-615. Powers and duties of board upon hearing objections to report; no appeal, when; board may modify decision. At the time and place fixed in said notice the board of supervisors shall meet for the hearing of the objections. If they find that due notice has not been given as required by this act, they shall continue the hearing to a date to be fixed by them, and order the publication of the notice as hereinbefore provided, and when they find that due notice has been given, they shall proceed to hear any objection or objections that may have been filed upon which an issue has been made, and for that purpose shall have the power to subpoena, swear and examine witnesses and to do all things necessary and incidental to a proper hearing and adjudication of said issue and shall examine the maps, profiles, plans and reports of said engineer and the items of the estimated cost of the drainage improvement recommended, and the classification of the land and property in said district and the assessment of the benefits to the same as proposed by said engineer.
After due consideration of all the evidence before them the said board of supervisors shall have power to adopt, amend, modify or reject the plan for the reclamation and protection of the land and property in said district recommended by the said engineer and to determine the location, character and extent of the work and improvement necessary to be undertaken by said district and estimate the cost thereof. From the decision of the said board on these matters no appeal will lie, but upon a proper showing at any time thereafter the said board may modify their order should such a modification be necessary to promote the welfare of the drainage district. The drainage board shall also have the power to establish the classification of the lands and property, and to determine and adjudicate the total amount of benefit that will accrue to each lot, tract, or parcel of land or other property in said district from the drainage improvement.
If an objection is overruled, the board may approve and confirm or modify the report as to the property affected, but if the objections are sustained the board may amend, or modify the report in any particular, and if they find that said classification or assessment of benefits to the land and other property to be in any respects inequitable either less than or in excess of the benefits accruing to said lands and property from said drainage improvements or in any particular unfair and unjust, they shall so order, and they shall thereupon so amend, adjust and equalize the said classification and benefits as may appear fair, just and equitable to them. And when said board has in said manner adjusted, equalized and determined the classification of and assessment of total benefits to the lands and other property in said district as above required they shall enter an order confirming the same: Provided, That all pleadings and other papers filed in the matter of said hearing shall be filed with the secretary of said board of supervisors and subpoenas and other process shall be issued by said secretary and the secretary shall be empowered to administer oaths to witnesses and to certify to records and papers under the seal of said drainage district.
History: L. 1911, ch. 168, ยง 15; May 22; R.S. 1923, 24-615.
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.