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 9  AN ACT concerning counties; relating to roads; amending K.S.A. 68-102
10    and repealing the existing section.
11
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 twelve
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,
35  said. 
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
HB 2471
                                     

 1  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.