68-117. Access to public highway, when; petition; width of road and plat; payment of expenses.
68-117
68-117. Access to public highway, when; petition; width of road andplat; payment of expenses.Whenever the premises of any person shall be so completely surrounded byadjoining lands, the property of others or by such lands and water, as tobe without access to any public highway, then such person may petition theboard of county commissioners of the county in which such premises lie fora road, and one road only, through some portion of the adjoining lands. Thepetition shall set forth the use and purposes of such proposed road. Uponpresentation of such petition, the commissioners shall proceed inaccordance with the provisions of K.S.A. 68-101 to 68-110, both sectionsinclusive, and K.S.A. 68-115 and 68-116, to lay out such road, make returnsof plats, and allow damages, if any should be held or allowed:Provided, Said road shall not be less than forty (40) feet nor morethan one hundred (100) feet in width and shall be laid out upon the quarteror quarter-quarter section lines when practicable.
The said road when so ordered by the board of county commissioners shallbe platted and recorded in the office of the register of deeds and shallbecome a public way, subject to restrictions contained in the petition:And provided further, That the owner or owners, their grantees,successors or assigns, of the land specifically benefited by theestablishment of such public road, shall forthwith pay all expenses ofestablishing said road, including all damages, if any should be held orallowed and thereafter forever maintain and keep the same in repair andwithout any expense or liability to the township or other municipality inwhich such road is so laid out and established.
History: L. 1911, ch. 248, § 13; L. 1913, ch. 261, § 1; L. 1915, ch. 291, §1; R.S. 1923, 68-117; L. 1961, ch. 299, § 6; L. 1967, ch. 352, § 1; July1.