24-474. Action to ascertain ownership of and compensation for such land.
24-474
24-474. Action to ascertain ownership of and compensation for suchland.That for the purpose of ascertaining whether or not any private personor corporation is the owner of any part of the land so taken, and if suchowner to provide and secure full and adequate compensation for theappropriation thereof, the attorney general, upon the publication of suchproclamation by the governor, is hereby directed to commence an action inthe district court of the county wherein such land is situated, such suitto be entitled "The State of Kansas vs. all persons having or claiming anyinterest in the land lying between the established harbor line of the_______ river and within a distance of forty feet landward therefrom,within the _________ drainage district in ______________ county." Noticeshall be given by publication of the filing of said action, setting forththe nature of said suit and that all such claimants must appear and setforth their claims on or before the date therein named which shall not beless than forty-one days from the date of the first publication, and thatupon their failure so to do a judgment will be rendered therein excludingthem from any interest in said land or any part thereof, and enjoining andbarring them from asserting any claim to said land or any part thereofadverse to the state of Kansas. Such publication shall be made in themanner provided for publication notices in the code of civil procedure. Ifthe claimants so notified shall appear in said cause then said action as tothe parties so appearing, shall proceed to trial as in other civil actions,before a jury unless such jury be waived, to determine the ownership ofsaid property and to assess the value of the land and other damages for thetaking of such portions thereof as may belong to parties other than thepublic.
That in the event the claimant shall fail to appear, on or before thedate named, a pro confesso judgment shall be entered excluding themfrom any interest in said land which said judgment shall become final andconclusive at the expiration of six months from the date of such renditionunless the claimant shall make application within such period for thevacation of such judgment and permission to defend in said action and shallshow to the court that he had no knowledge or notice of the pendency ofsaid action prior to the rendition of such judgment.
History: L. 1911, ch. 172, § 5; Jan. 30; R.S. 1923, 24-474.