68-107. Separate certificates of damages assessed; appeal from award; benefit district assessment in counties between 30,000 and 90,000; notice and hearing; appeal.
68-107
68-107. Separate certificates of damages assessed; appeal from award;benefit district assessment in counties between 30,000 and 90,000; noticeand hearing; appeal.It shall be the duty of the commissioners or viewers, at the sametime that they make their certificate of the view, if favorable, to makealso a separate certificate, in writing stating the amount of damage, ifany, by them assessed, and to whom, and submit therewith the writtenapplication upon which the assessments have been made.
Any person feeling aggrieved by the award of damages made bythe board of county commissioners may appeal from the decisions of saidboard of county commissioners to the district court pursuant to K.S.A.60-2101. In all counties having a population of not less thanthirty thousand (30,000) and not more than ninety thousand (90,000) inhabitants, ifthe commissioners or viewers shall find that damages are sustained byowners of the land through which such road is located or opened, and ifthey find that certain special benefits are derived by the land in thevicinity of the road as well as by the public or the county at large,then they shall fix the limits of the benefit district embracing suchreal estate as they find to be specially benefited and assess a part ofthe damages allowed against such benefit district. Such certificate ofcommissioners or viewers shall contain the correct description of eachpiece or parcel of private property taken, if any, and the valuethereof, and of each piece of property damaged, and the amount ofdamages thereto for which compensation is to be paid as ascertained bythe viewers or commissioners as above provided. Such benefit districtshall extend back not less than one hundred feet and not more thantwelve hundred feet from either side of the proposed road. If the landon either side of said proposed road beplatted into lots or blocks, then the benefit district as to suchplatted land shall not extend more than one-half (1/2) block with amaximum distance of three hundred (300) feet on the side or sides of theroad where such land is so platted. The commissioners or viewers shallproceed to assess benefits equal to the amount of damages in thefollowing manner:
(1) Such an amount as they find shall be paid by the county.
(2) The remainder of the damages shall be assessed against the landin the benefit district as established, in the manner provided by thissection in such amounts and in such proportions against the varioustracts of land exclusive of improvements as they find such tracts oflands are benefited by the opening or location of such road. It shall bethe duty of the commissioners or viewers at the same time that they maketheir certificate of review, if favorable, to make also a separatecertificate in writing stating the amount of the damages, if any, bythem assessed and to whom, and submit therewith the written applicationupon which the assessments have been made and at the same time submit acertificate showing the manner in which the damages are to be paid bythe levying of benefits against the various tracts of land within thebenefit district, which has been by them established in connection withand as a part of such proceedings and the manner of payment of suchbenefits.
In case a part of a tract of land is taken from which damages areallowed and benefits assessed against the remaining portion of suchtract, then such part of the damages as may be necessary shall beapplied to pay off and have discharged of record any taxes or mortgageson such condemned land and the owner of said land may have the remainderof the damages, if any, offset against the benefits assessed againstsuch owner's remaining land in the benefit district, or so much thereof as may berequired to pay such benefits in full. Benefits assessed may be paid infull without interest within thirty (30) days from date of finaldetermination of the amount thereof. If not paid within such period oftime, then they may be paid in the same manner as are general taxes, exceptthat they shall be due in equal amounts over not to exceed five(5) years and the unpaid portions thereof shall bear interest at not toexceed six percent per annum, payable annually, which manner of paymentand rate of interest shall be fixed by the board of countycommissioners.
The net amount of damage to be paid to acquire such land so condemnedshall be advanced by the county from its general fund and it shallthereafter receive and collect benefits in the manner provided for aboveand place the same with interest thereon to the credit of its generalfund. The county commissioners shall thereupon set a day for a hearingin connection 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 the fixing of such damagesand benefits. It shall thereupon be the duty of the county clerk toinsert in the official county paper an appropriate notice of the time,place and purpose of such hearing, which notice shall appear in suchofficial county paper at least twice and the date of the last noticeshall be at least three days before the date set for the hearing. Thecounty clerk shall also mail to the owner of each tract of land, forwhich damages have been allowed, or against which benefits have beenassessed, a copy of the proceedings, insofar as the fixing of thebenefit district and of damages and benefits is concerned, and whichnotice shall also set forth the time and place and purpose of thehearing. This notice shall be mailed at least five days before the dateof the hearing to all owners of the land taken or within the benefitdistrict, as shown by the records in the office of the county treasurer,at the last address given at the time of the payment of the taxes. Failureto receive said notice shall notaffect the validity of any of these proceedings. Copies of said noticewith an affidavit or affidavits of service attached shall be filed inthe county clerk's office before the date of the final hearing. Upon thedate provided for above there shall be a final hearing before the countycommissioners or viewers, at which time said findings contained in saidcertificate of view shall be considered and a final order entered in therecord of the county commissioners, which may amend, modify, approve ordisapprove the findings contained in the certificate of thecommissioners or viewers.
Any person feeling aggrieved by the orders made by the boardof county commissioners or viewers, may appeal from the decision of saidboard of county commissioners or viewers to the district court pursuantto K.S.A. 60-2101. If no appeal to the district court is takenwithin the time prescribed by K.S.A. 60-2101, the assessmentshall become final.
History: L. 1911, ch. 248, § 7; R.S. 1923, 68-107; L. 1933, ch.234, § 1; L. 1941, ch. 307, § 1; L. 1945, ch. 266, § 1; L. 1951,ch. 374, § 2; L. 1977, ch. 105, § 21; July 1.