19-2504: Enclosure, filling or covering abandoned wells, mines or
excavations; complaint; notice.
That all unused and abandoned wells, pits, mines or other excavations
situated upon land not enclosed, upon complaint in writing being made by
any citizen to the owner of the land or his agent whereon such well,
pit, mine or other excavation is situated, shall be enclosed or filled
up, or securely covered, by such owner or agent, within twenty days from
the date of the service of said notice. If the owner or agent of such
land shall not reside in the county where said land lies, then such
notice shall be conspicuously posted upon said land for twenty days.
History: L. 1895, ch. 360, § 1; May 27; R.S. 1923, 19-2504.
19-2505: Same; enforcement; notice; tax levy.
Upon the failure of the owner or his agent to comply with the provisions
of K.S.A. 19-2504 within the time mentioned in said
section, the party complaining may notify the township trustee of the
township wherein such well, pit, mine, or other excavation is situated,
by the filing with him of a copy of the notice served upon the owner of
such land or his agent, or posted as aforesaid, with the date of service
thereof endorsed thereon, or if such notice was posted as aforesaid, the
date when such notice was posted, and the fact that the residence of the
landowner or his agent is unknown; and thereupon the township trustee
shall be required forthwith to make a personal investigation of said
well, pit, mine or other excavation, and if in his judgment the well,
pit, mine or other excavation shall be dangerous he shall cause the same
to be filled up, or securely covered; and any all expense incurred
therein shall be by him duly itemized, verified and returned to the
county clerk, together with a description of the land on which such
well, pit, mine or other excavation is situated, who shall enter the
same on the tax rolls of said county against the tract of land on which
such well, pit, mine or excavation is situated, and the same shall
become and be a lien upon said premises and shall be collected by the
county treasurer as other taxes, and become a part of the general fund.
History: L. 1895, ch. 360, § 2; May 27; R.S. 1923, 19-2505.
19-2506: Same; payment of expense incurred by township trustee.
The board of county commissioners is hereby authorized to pay out of the
general fund of the county such expense so as aforesaid incurred by said
trustee, upon the filing by him of an itemized and verified voucher
therefor with the county clerk.
History: L. 1895, ch. 360, § 3; May 27; R.S. 1923, 19-2506.