42-359. Examination of petition; creation of district; form.
42-359
42-359. Examination of petition; creation of district; form.It shall be the duty of such board of county commissioners at theirfirst regular meeting after the filing of such petition, or within thirtydays thereafter, to examine such petition, make such investigation and hearsuch testimony as they shall deem proper, and if from the examination ofsuch petition and such investigation and such testimony said commissionersshall find that said petition is signed by three-fourths of the owners ofland within said proposed district who are residents of said county, andthat the erection of such irrigation district will be beneficial to theowners of land within said district, said board of county commissionersshall make an order creating such district and designate it, "Irrigationdistrict number ______, of __________ County, Kansas." (Inserting in theblank spaces therein the number of the district in consecutive numbers,according to the order of formation of the same in said county, and thename of said county.) Which order shall define the boundaries of saiddistrict and shall be recorded upon the journal of said board, and fromthenceforth such district shall be a body corporate, having all the powersand responsibilities belonging to other public corporations created underand by virtue of the statutes of the state of Kansas, including the powerof eminent domain: Provided, That nothing herein shall be so construedas to grant to such corporation power to condemn or acquire in any othermanner than by purchase, any irrigation works belonging to any otherperson, company or corporation.
History: L. 1891, ch. 133, art. 7, § 3; R.S. 1923, 42-359; L. 1929, ch. 204, §2; March 16.