42-107. Rights of way acquired on unoccupied lands prior to 1892. - Kansas Statutes

42-107

Chapter 42.--IRRIGATION Article 1.--GENERAL PROVISIONS

      42-107.   Rights of way acquired on unoccupied lands prior to 1892.Any individual, company or corporation who has heretofore constructedany canal, ditch, flume or aqueduct for purposes of irrigation upon or overlands unoccupied at the time of such construction, who shall maintain thesame for the period of five years succeeding such construction, withoutobjection in writing from the owner of such land, or subsequent claimantunder the laws of the United States or of the state of Kansas, shall afterthe expiration of said period of five years be deemed and held to haveacquired a permanent right of way for such canal, ditch, flume or aqueduct,not exceeding, however, the total width of three times the width of suchcanal, ditch, flume, or aqueduct.

      History:   L. 1886, ch. 115, § 7; Feb. 26; R.S. 1923, 42-107.