68-117c. Same; hearing; publication of notice; copy of proceedings to owners; limitation on time for appeal. - Kansas Statutes

68-117c

Chapter 68.--ROADS AND BRIDGES PART I.--ROADS Article 1.--GENERAL PROVISIONS

      68-117c.   Same; hearing; publication of notice; copy of proceedingsto owners; limitation on time for appeal.The board of county commissioners shall set a day for a hearing inconnection with the establishment of the benefit district, and thefixing of damages and benefits, which date of hearing shall be not lessthan three weeks subsequent to the date of fixing of such damages andbenefits.

      It shall thereupon be the duty of the county clerk to insert in theofficial county paper an appropriate notice of the time, place andpurpose of such hearing, which notice shall appear in such officialcounty paper at least twice, and the date of the last notice shall be atleast three days before the date set for the hearing. The county clerkshall also mail to the owner of each tract of land for which damageshave been allowed, or against which benefits have been assessed, asummarized copy of the proceedings insofar as the fixing of the benefitdistrict, and of damages and benefits is concerned, and which noticeshall also set forth the time and place and purpose of the hearing. Thisnotice shall be mailed at least five days before the date of the hearingto all owners of land taken, or within the benefit district, as shown onthe records in the office of the county treasurer at the last addressgiven at the time of the payment of the taxes: Provided, however,That failure to receive said notice shall not affect the validity of anyof these proceedings. Copies of said notice, with an affidavit oraffidavits of service attached, shall be filed in the county clerk'soffice before the date of the final hearing.

      Upon the date provided for above, there shall be a final hearingbefore the county commissioners or viewers, at which time said findingscontained in said certificate of view shall be considered, and the finalorder entered in the record of the board of county commissioners, whichmay amend, modify, approve or disapprove the findings contained in thecertificate of the commissioners or viewers. If no appeal to thedistrict court is had within a period of ten days from the date of thefinal hearing as fixed by the county commissioners, then the award ofdamages and the assessment of benefits shall become final.

      History:   L. 1947, ch. 352, § 3; April 15.