Brown v. Corrigan

Citations

• 85 Kan. 33
• 116 P. 226
• 1911 Kan. LEXIS 9

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Drainage Ditches — Variance in Location of Starting Point— Petition — Jurisdiction. In establishing a drainage ditch under the provisions of sections 2984-2999 of the General Statutes of 1909, the location of the starting point 250 feet from the place designated in the petition, the ditch being two miles in length, is not such a departure as to deprive the commissioners of jurisdiction.</p> <p>2. -Establishment — Contest by Landowner — Notice^—Subsequent Proceedings. A landowner who appears before the commissioners, in pursuance to a notice to contest the establishment of a ditch under the act above referred to, and participates in various hearings upon the petition is chargeable with notice of any step thereafter taken by the commissioners in the proceedings which they had authority to take.</p> <p>3. - Beneficial Purposes — Contiguous Lands — Standing Water. The statute referred to provides that drainage ditches may be established when conducive to the public health, convenience or welfare. Lands may be benefited by such a ditch if it drains contiguous lands of offensive standing water injurious thereto.</p>