24-205. Cost of work; assessments.
24-205
24-205. Cost of work; assessments.The said township trustee, whenever he shall have established anysuch ditch, drain, or watercourse, shall divide the same into suitablesections, not less in number than the number of owners of land throughwhich the same may be located, and shall also prescribe the time withinwhich the work upon such sections shall be completed, and by whom done.And the said trustee shall assess and allow all the fees, costs andexpenses of locating and establishing such ditch, drain, or watercourse,and shall apportion the payment of the same equitably among the partiesto be benefited thereby. And the trustee may prescribe the time withinwhich assessments shall be paid, and may, if he deem it necessary andconvenient to the parties, direct the clerks to prepare, for the use ofeach person having costs to pay and labor to perform, a brief statement,in writing, describing briefly his, her or their apportionment of saidditch, together with the length, depth, width, and place of the same,amount of costs assessed against such person, when to be paid, and bywhat time said work to be completed; and that whenever any such ditch,drain or watercourse shall become in any manner obstructed, it shall bethe duty of said township trustee, after five days' notice having beengiven by any person damaged thereby, to cause such ditch, drain orwatercourse to be repaired in such a manner as to remove suchobstruction, and to restore such ditch, drain or watercourse to itsestablished width and depth; and to this end said trustee shall havepower, for such purpose, to enter upon the lands of any person throughwhich such ditch, drain or watercourse may pass.
The cost and expense of such work and repairs shall be equitablyapportioned among the parties benefited thereby, and said trustee mayprescribe the time within which such assessments may be paid. When anyassessment or part of assessment of the costs and expenses of locating,establishing or repairing any such ditch, drain or watercourse shallremain unpaid at the expiration of the time prescribed for the paymentof the same, by said trustee, such unpaid costs and expenses may becertified to the county clerk and collected as provided for in K.S.A.24-213.
History: L. 1879, ch. 100, § 5; L. 1895, ch. 118, § 1; April 12; R.S. 1923,24-205.