HB 2020--Am. by SCW
[As Amended by Senate Committee of the Whole]
[As Amended by House Committee of the Whole]
As Amended by House Committee
Session of 1997
By Committee on Governmental Organization and Elections

14 AN ACT concerning townships; relating to the governing bodies thereof; 15 amending K.S.A. 1996 Supp. 80-304 and repealing the existing section. 16 [68-115 and 80-304 and repealing the existing sections.] 17 18 Be it enacted by the Legislature of the State of Kansas: 19 Section 1. K.S.A. 1996 Supp. 80-304 is hereby amended to read as 20 follows: 80-304. (a) The township trustee, at the regular meeting of the 21 board of county commissioners next succeeding the annual settlement of 22 the township treasurer and road overseers, shall make a complete report 23 of the affairs of the township for the preceding year, stating in detail the 24 items of account audited and allowed, the nature of each account, and 25 the name of each person to whom such an account was allowed. Such 26 report shall specify the amount of compensation and amount of reim- 27 bursement of expenses paid to members of the township board pursuant 28 to K.S.A. 80-207, and amendments thereto. Such report shall be verified 29 by affidavit and shall be examined by the board of county commissioners. 30 If found correct and in conformity to law, the board shall approve the 31 report and accounts and the same shall be filed in the office of the county 32 clerk of such county. Copies of the report shall be made available upon 33 request. If such report and accounts are found not correct, or not in 34 conformity to law, the board shall cite such township auditing board to 35 appear before it and correct any errors appearing therein. Such township 36 auditing board and their bondsmen shall be liable to their township for 37 the amount of any and all accounts or demands by them allowed or paid 38 in excess of that authorized by law for any purpose. It shall be the duty 39 of the county attorney of such county to prosecute any and all suits in the 40 name of such township for the recovery of the same, in any court of 41 competent jurisdiction. 42 (b) Payments made prior to May August 2, 1996, to township officers 43 for duties and services performed pursuant to K.S.A. 68-525, 68-530, 68- HB 2020--Am. by SCW

 1  531, 68-542, 80-207, 80-302, 80-304, 80-410, 80-1204, 80-1407, 80-1501,
 2  80-1544 and 80-2002, and amendments thereto, or while actually and
 3  necessarily conducting township business are hereby validated.
 4    Sec. 2.  K.S.A. 1996 Supp. 80-304 is hereby repealed.
 5    [Sec. 2.  K.S.A. 1996 Supp. 68-115 is hereby amended to read
 6  as follows: 68-115. (a) Except as provided by subsection (b), it shall
 7  be the duty of each and every county engineer to open or cause to
 8  be opened all state and county roads and of each and every town-
 9  ship trustee to open or cause to be opened all mail routes and
10  township roads which have been or may hereafter be laid out or
11  established through any part of the respective county or township.
12  Notice of such action shall be given to the owner or owners, or
13  their agent or agents, if residing in the county, or, if such owner
14  is incapacitated, to the guardian of such person, if a resident of the
15  county, through whose inclosed or cultivated lands such road is
16  laid out or established. Such notice shall direct such property own-
17  ers to open such road through their lands within 90 days after
18  service of such notice.  If the person or persons so notified do not
19  open such road within the time stated in such notice, it shall be
20  lawful and it is hereby made the duty of such county engineer on
21  state and county roads and of such trustee on township roads and
22  mail route roads to respectively enter upon such property and
23  open such roads. If such notice is given between the March 1, and
24  October 1, the notice shall designate the next following January 1,
25  as the time of opening such road. And the county engineer or town-
26  ship trustee respectively shall keep the same in repair, and remove
27  or cause to be removed all obstructions that may be found therein.
28    The township trustee and the county engineer are hereby author-
29  ized to enter upon any land near or adjoining such public road, to
30  dig and carry away any gravel, sand, stone, clay, gypsum or any
31  other road-building material and to purchase any timber which
32  may be necessary to improve or repair the road, and to enter upon
33  any land adjoining or lying near such road, to make such drains or
34  ditches through the same as the county engineer or township trus-
35  tee deems necessary for the benefit of the roads, doing as little
36  damage to the lands as the nature of the case and the public good
37  will permit. The drains and ditches thus made shall be kept open
38  if necessary by the township trustee or county engineer and shall
39  not be obstructed by the owner or occupants of the land or by any
40  other person, under the penalty of being fined not exceeding $10
41  for each offense.
42    [The owner of any gravel, sand, stone, clay, gypsum or any other
43  road-building material taken, or the owner of the land through
HB 2020--Am. by SCW

 1  which ditches or drains may be made, as herein provided, or the
 2  owner of the crops thereon, shall be allowed a fair and reasonable
 3  compensation for the material so taken or for any injuries the lands
 4  or crops may sustain in consequence of the making of such drains
 5  or ditches. The amount of such compensation shall be determined,
 6  allowed and paid by the highway commissioners in event such ma-
 7  terial is used upon a mail route or a township road, and deter-
 8  mined, allowed and paid by the board of county commissioners of
 9  the county when such material is used upon a county or state road.
10  Such claims shall be allowed and paid in the same manner as other
11  ordinary claims against the county or township and the claimant
12  shall have the same right of appeal as is now provided by law in
13  other cases.
14    [(b)  If the owner of any property adjacent to or abutting a
15  township road which has been laid out but not opened prior to the
16  effective date of this act desires to have such road opened, it shall
17  be the duty of such owner to open such road. Such property owner
18  shall establish a maintainable road bed and drainage in accordance
19  with the standards established by the township board pursuant to
20  K.S.A. 1996 Supp. 68-115a. Thereafter, it shall be the duty of the
21  township board to maintain such road as required by subsection
22    (a).
23    [If the owner of any property adjacent to or abutting a township road
24  which has been opened prior to the effective date of this act, but such
25  road has not been maintained by the township for at least 20 years or has
26  not been regularly used by the general public and the owner desires to
27  have the road maintained for general public use, it shall be the duty of
28  such owner to establish a maintainable road bed and drainage in accor-
29  dance with the standards established by the township board pursuant to
30  K.S.A. 1996 Supp. 68-115a. Thereafter, it shall be the duty of the township
31  board to maintain such road as required by subsection (a).
32    [If there is a dispute between landowners regarding the location
33  of a township road, the county engineer shall determine the location
34  of the road.]
35    [Sec. 3.  K.S.A. 1996 Supp. 68-115 and 80-304 are hereby re-
36  pealed.]
37    Sec. 3. [Sec. 4.]  This act shall take effect and be in force from and
38  after its publication in the statute book.