Session of 1997
HOUSE BILL No. 2471
By Representatives Flora, Bradley, Hutchins, Kirk,
Mays, Nichols and Toelkes
9 AN ACT concerning counties; relating to roads; amending K.S.A. 68-102
10 and repealing the existing section.
12 Be it enacted by the Legislature of the State of Kansas:
13 Section 1. K.S.A. 68-102 is hereby amended to read as follows: 68-
14 102. (a) Except as provided by subsection (b), applications for laying out
15 roads, or for viewing, reviewing, altering or vacating any road, shall be by
16 petition to the board of county commissioners, signed by at least
17 (12) 12 householders of the county residing in the vicinity where said the
18 road is to be laid out, viewed, reviewed, altered or vacated ; and one or
19 more of the signers of any petition presented as aforesaid shall enter into.
20 At least one of the petitioners shall post a bond with sufficient sureties,
21 payable to the state of Kansas for the use of the county, to be approved
22 by the county commissioners, conditioned that the person signing such
23 bond shall pay into the treasury of the county the amount of all costs and
24 expenses accruing on said the location, view, review, alteration or vaca-
25 tion, in case the proceedings had in pursuance of said the petition shall
26 not be finally confirmed and established ; and on neglect. Upon the failure
27 or refusal of the persons so bound, after a liability shall have accrued, the
28 county clerk of the county shall collect or cause to be collected such costs
29 and expenses, and pay the same into the county treasury : Provided, That
30 in counties having a population of not more than ninety thousand (90,000)
31 and not less than twelve hundred (1,200) inhabitants, the board of county
32 commissioners are hereby given authority to vacate any road of such
33 county without such petition being signed and presented to them and
34 without the signer of bond as provided herein when, in their judgment,
36 (b) The board of county commissioners may vacate any road in the
37 county whenever the board determines such road is not a public utility by
38 reason of neglect, nonuse, or inconvenience or from other cause or causes
39 said such road has become practically impassable and the necessity for
40 said such road as a public utility does not justify the expenditure of the
41 necessary funds to repair said such road or put the same in condition for
42 public travel : Provided further, That no more than two consecutive miles
of road shall be vacated at any one time.
2 Sec. 2. K.S.A. 68-102 is hereby repealed.
3 Sec. 3. This act shall take effect and be in force from and after its
4 publication in the statute book.