938             1997 Session Laws of Kansas             Ch. 153

Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 1996 Supp. 80-304 is hereby amended to read as
follows: 80-304. (a) The township trustee, at the regular meeting of the
board of county commissioners next succeeding the annual settlement of
the township treasurer and road overseers, shall make a complete report
of the affairs of the township for the preceding year, stating in detail the
items of account audited and allowed, the nature of each account, and
the name of each person to whom such an account was allowed. Such
report shall specify the amount of compensation and amount of reim-
bursement of expenses paid to members of the township board pursuant
to K.S.A. 80-207, and amendments thereto. Such report shall be verified
by affidavit and shall be examined by the board of county commissioners.
If found correct and in conformity to law, the board shall approve the
report and accounts and the same shall be filed in the office of the county
clerk of such county. Copies of the report shall be made available upon
request. If such report and accounts are found not correct, or not in
conformity to law, the board shall cite such township auditing board to
appear before it and correct any errors appearing therein. Such township
auditing board and their bondsmen shall be liable to their township for
the amount of any and all accounts or demands by them allowed or paid
in excess of that authorized by law for any purpose. It shall be the duty

Ch. 153             1997 Session Laws of Kansas             939

of the county attorney of such county to prosecute any and all suits in the
name of such township for the recovery of the same, in any court of
competent jurisdiction.

(b) Payments made prior to August 2, 1996, to township officers for
duties and services performed pursuant to K.S.A. 68-525, 68-530, 68-531,
68-542, 80-207, 80-302, 80-304, 80-410, 80-1204, 80-1407, 80-1501, 80-
1544 and 80-2002, and amendments thereto, or while actually and nec-
essarily conducting township business are hereby validated.

Sec. 2. K.S.A. 1996 Supp. 68-115 is hereby amended to read as fol-
lows: 68-115. (a) Except as provided by subsection (b), it shall be the duty
of each and every county engineer to open or cause to be opened all state
and county roads and of each and every township trustee to open or cause
to be opened all mail routes and township roads which have been or may
hereafter be laid out or established through any part of the respective
county or township. Notice of such action shall be given to the owner or
owners, or their agent or agents, if residing in the county, or, if such
owner is incapacitated, to the guardian of such person, if a resident of
the county, through whose inclosed or cultivated lands such road is laid
out or established. Such notice shall direct such property owners to open
such road through their lands within 90 days after service of such notice.

If the person or persons so notified do not open such road within the
time stated in such notice, it shall be lawful and it is hereby made the
duty of such county engineer on state and county roads and of such trus-
tee on township roads and mail route roads to respectively enter upon
such property and open such roads. If such notice is given between the
March 1, and October 1, the notice shall designate the next following
January 1, as the time of opening such road. And the county engineer or
township trustee respectively shall keep the same in repair, and remove
or cause to be removed all obstructions that may be found therein. The
township trustee and the county engineer are hereby authorized to enter
upon any land near or adjoining such public road, to dig and carry away
any gravel, sand, stone, clay, gypsum or any other road-building material
and to purchase any timber which may be necessary to improve or repair
the road, and to enter upon any land adjoining or lying near such road,
to make such drains or ditches through the same as the county engineer
or township trustee deems necessary for the benefit of the roads, doing
as little damage to the lands as the nature of the case and the public good
will permit. The drains and ditches thus made shall be kept open if nec-
essary by the township trustee or county engineer and shall not be ob-
structed by the owner or occupants of the land or by any other person,
under the penalty of being fined not exceeding $10 for each offense.

The owner of any gravel, sand, stone, clay, gypsum or any other road-
building material taken, or the owner of the land through which ditches
or drains may be made, as herein provided, or the owner of the crops

940             1997 Session Laws of Kansas             Ch. 153

thereon, shall be allowed a fair and reasonable compensation for the ma-
terial so taken or for any injuries the lands or crops may sustain in con-
sequence of the making of such drains or ditches. The amount of such
compensation shall be determined, allowed and paid by the highway com-
missioners in event such material is used upon a mail route or a township
road, and determined, allowed and paid by the board of county commis-
sioners of the county when such material is used upon a county or state
road. Such claims shall be allowed and paid in the same manner as other
ordinary claims against the county or township and the claimant shall have
the same right of appeal as is now provided by law in other cases.

(b) If the owner of any property adjacent to or abutting a township
road which has been laid out but not opened prior to the effective date
of this act desires to have such road opened, it shall be the duty of such
owner to open such road. Such property owner shall establish a main-
tainable road bed and drainage in accordance with the standards estab-
lished by the township board pursuant to K.S.A. 1996 Supp. 68-115a.
Thereafter, it shall be the duty of the township board to maintain such
road as required by subsection (a).

If the owner of any property adjacent to or abutting a township road
which has been opened prior to the effective date of this act, but such
road has not been maintained by the township for at least 20 years or has
not been regularly used by the general public and the owner desires to
have the road maintained for general public use, it shall be the duty of
such owner to establish a maintainable road bed and drainage in accord-
ance with the standards established by the township board pursuant to
K.S.A. 1996 Supp. 68-115a. Thereafter, it shall be the duty of the township
board to maintain such road as required by subsection (a).

If there is a dispute between landowners regarding the location of a
township road, the county engineer shall determine the location of the
road.

Sec. 3. K.S.A. 1996 Supp. 68-115 and 80-304 are hereby repealed.

Sec. 4. This act shall take effect and be in force from and after its
publication in the statute book.

Approved April 24, 1997.