42-351. Same; existing structures across roads; repair and maintenance; tax levy upon failure.
42-351
42-351. Same; existing structures across roads; repair andmaintenance; tax levy upon failure.The provisions of this act shall apply to canals, ditches, conduits andother openings through the public highways of the state, which arealready built over and across the same, whether built and maintained bythe public authorities or the owner and proprietors of such ditches,canals, conduits and other openings. And when it shall become necessaryto build, rebuild, repair or maintain bridges and viaducts alreadyexisting over canals, ditches, conduits and other openings through apublic highway as set out in K.S.A. 42-350, such dutyshall devolve upon the owner and proprietor thereof without regard towho has performed such duty heretofore: Provided, That in case saidbridges or viaducts become in a dangerous condition for travel and theowner or proprietor of said canal, ditch or conduit shall fail or refuseto repair or reconstruct said bridge or viaduct the highway officialshaving jurisdiction over said bridge or viaduct may repair orreconstruct the same and certify the cost to the county clerk who shallenter the same against the property of said owner or proprietor on thetax rolls for collection the same as other taxes.
History: L. 1921, ch. 87, § 3; May 25; R.S. 1923, 42-351.