Notice by petitioner; affidavits of service; filing

68-105. Notice by petitioner; affidavits of service; filing. It shall be the duty of at least one of the petitioners to cause six days' notice to be given in writing to the owner or owners or their agents, if residing in the county, or if such owner be a minor, idiot or insane person, then to the guardian of such person, if a resident of the county, through whose land such road is proposed to be laid out and established, and also six days' notice to the county surveyor of the time and place of meeting, as specified in the notice of the commissioners. Copies of said notice of lands, with affidavits of service attached, shall be filed in the county clerk's office before said road shall be established. History: L. 1911, ch. 248, § 5; May 22; R.S. 1923, 68-105. Source or Prior Law: L. 1864, ch. 112, § 4; G.S. 1868, ch. 89, § 4; L. 1872, ch. 175, § 2; L. 1874, ch. 108, § 4. CASE ANNOTATIONS 1. Highway cannot be established until notice with affidavits, etc., filed. The State v. Farry, 23 Kan. 731. 2. Commissioners cannot establish highway through land unless notice properly served. Comm'rs of Chase Co. v. Carter, 30 Kan. 581, 1 P. 814; Bourbon County v. Ralston, 79 Kan. 432, 100 P. 288. 3. Want of notice cured by presentation of claim for damages. Comm'rs of Woodson Co. v. Heed, 33 Kan. 34, 5 P. 453. 4. Want of notice; commissioners cannot revoke order after claim presented. Comm'rs of Woodson Co. v. Heed, 33 Kan. 34, 5 P. 453. 5. Want of notice cured by general appearance before county board. Stephens v. Comm'rs of Leavenworth Co., 36 Kan. 664, 14 P. 175. 6. Mortgagor in possession regarded as owner of the land. Goodrich v. Comm'rs of Atchison Co., 47 Kan. 355, 27 P. 1006. 7. Notice to nonresident owners considered. Good-rich v. Comm'rs of Atchison Co., 47 Kan. 355, 365, 27 P. 1006. 8. Railway company resident of county in which it operates road. The State v. Bogardus, 63 Kan. 259, 65 P. 251. 9. Notice required by section is jurisdictional. The State v. Bogardus, 63 Kan. 259, 65 P. 251. 10. Parties occupying homestead; title in husband; wife not owner. Matthewson v. Skinner, 66 Kan. 309, 71 P. 580. 11. Recital in report of viewers concerning claim may be contradicted. Howard v. Schmidt, 70 Kan. 640, 79 P. 142. 12. Criminal prosecution for obstructing road; burden of showing due establishment. The State v. Cipra, 71 Kan. 714, 81 P. 488. 13. Injunction to prevent opening of road when notice not given. Bourbon County v. Ralston, 79 Kan. 432, 100 P. 288. 14. Appeal from allowance of claim pending; appeal under K.S.A. 19-223 dismissed. Flagel v. Jackson County, 83 Kan. 709, 112 P. 622. 15. Residence of railroad in county where it operates line considered. Kimmerle v. City of Topeka, 88 Kan. 370, 128 P. 367. 16. Railroad corporation operating within county entitled to notice upon agent. Kimmerle v. City of Topeka, 88 Kan. 370, 373, 128 P. 367. 17. Personal service not required where owner continually absent from county. Guthrie v. Atchison County, 94 Kan. 584, 588, 146 P. 1157. 18. Service on tenant in common in charge of land sufficient. Guthrie v. Atchison County, 94 Kan. 584, 588, 146 P. 1157. 19. Finding of validity of proceedings not overthrown because affidavits lost. The State, ex rel., v. Railway Co., 95 Kan. 22, 23, 147 P. 801. 20. Affidavits showing service not found in office of clerk; presumption. The State, ex rel., v. Railway Co., 95 Kan. 22, 147 P. 801. 21. No notice of view of life tenant; proceedings void. Brown v. Anderson County, 100 Kan. 319, 323, 164 P. 288. 22. Cited; review of certain statutes applicable to township roads. Clay Township v. Pebley, 207 Kan. 59, 61, 483 P.2d 1101. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents USEFUL LINKS Session Laws Kansas Administrative Regulations OTHER LEGISLATIVE SITES Kansas Legislature Administrative Services Division of Post Audit Research Department Contact Us PDF Help www.ksrevisor.gov 2026