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19-3301. Counties in which federal agencies authorized to construct certain works; powers of county commissioners. That in any county of the state of Kansas in which the corps of engineers of the United States army or other department or agency of the federal government shall be authorized by the congress to construct works for the prevention, control, or mitigation of floods or flood hazards upon or along any river or the tributaries thereof, lying or situate within said county, the board of county commissioners thereof shall, if in their opinion the said construction is necessary for the public welfare, have the power and they are hereby authorized to:

(a) Enter into an undertaking in the name of the county to hold the United States of America free from any damage to persons or property resulting during construction or after the completion thereof,

(b) to contract with the federal government in the name of the county that when said work is completed the said county will maintain, keep in repair, and operate such flood control works,

(c) to furnish all necessary lands, rights-of-way and easements, as provided in K.S.A. 19-3302, and any amendments thereto, and

(d) to regulate excavations in the vicinity of such flood control works as provided in K.S.A. 19-3309 and 19-3310.

History: L. 1945, ch. 391, § 1; L. 1955, ch. 168, § 1; L. 1971, ch. 93, § 1; April 19.

CASE ANNOTATIONS

1. Act construed, compared, applied and held constitutional. Cow Creek Valley Flood Prevention Ass'n v. City of Hutchinson, 166 Kan. 78, 200 P.2d 299.

2. Various federal and state constitutional objections considered; act construed and held valid. Board of County Comm'rs v. Robb, 166 Kan. 122, 199 P.2d 530.

3. Act discussed in holding city flood-control ordinance not subject to referendum. State, ex rel., v. Salome, 167 Kan. 766, 776, 778, 208 P.2d 198.

4. Referendum to repeal city resolutions unavailable after contracts between governments partially performed. State, ex rel., v. Salome, 169 Kan. 585, 220 P.2d 192.

5. Condemnation proceedings pursuant to authority of act discussed. Steck v. City of Wichita, 179 Kan. 305, 307, 295 P.2d 1068.


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