42-318. Condemnation of land for public mill or manufactory. - Kansas Statutes

42-318

Chapter 42.--IRRIGATION Article 3.--IRRIGATION AND IRRIGATION DISTRICTS

      42-318.   Condemnation of land for public mill or manufactory.Where any person or corporation shall have constructed a ditch, conduitor other works for diverting or conveying water, and the fall of suchwater therein is at any place sufficient to afford power for theoperation of machinery, such person or corporation shall be entitled tocondemn and take for the erection of a public mill or manufactory at theplace of such fall, or convenient thereto for the service of all whoshall resort thereto, such amount of land as may be necessary for thelocation and construction of such mill or manufactory, and the necessaryappurtenances thereof; and the proprietor of such mill or manufactory mayat any time afterwards, if for the utilization of such power for likepublic purpose the enlargement of such mill or manufactory or theappurtenances thereof be required, in like manner condemn and take otherlands necessary for such enlargement; and lands may be condemned andtaken in like manner for the tailrace for turning such waters into suchditch or conduit next below the said mill or manufactory, and for theroads and ways necessary for passing between such mill or manufactoryand the nearest convenient highways. Such roads shall, however, belocated so far as practicable upon the lines of the public landsubdivisions, and in all cases so as not to occasion unnecessary injuryor inconvenience to the proprietors of such lands.

      History:   L. 1891, ch. 133, art. 3, § 3; May 20; R.S. 1923, 42-318.