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Riddle v. State Highway Commission

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eBook details

  • Title: Riddle v. State Highway Commission
  • Author : Supreme Court of Kansas
  • Release Date : January 16, 1959
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 68 KB

Description

The opinion of the court was delivered by This was an eminent domain proceeding commenced by the State
Highway Commission (commission) to acquire a right of way for the
relocation of U.S. Highway 24 as a controlled access highway
through Calhoun Bluffs northeast of Topeka. The landowners,
Francis M. and Lucile G. Riddle (plaintiffs) appealed to the
district court from the award of the appraisers. The commission
did not appeal. Following a trial by a jury on March 5th and 6th,
1958, the plaintiffs were awarded damages in the amount of
$23,887. The commission has appealed from that judgment and the
order overruling its motion for a new trial. Specifications of
error are hereafter noted. Plaintiffs were the owners of a rectangular tract of land
containing 6.82 acres upon which was located their home and a
six-unit motel which they had profitably operated for a number of
years. The south side of their premises abutted old U.S. Highway
24, a transcontinental highway carrying a great amount of through
traffic, to which the plaintiffs and patrons of their motel had
direct access at several points. The north or rear portion of the
property was not used in connection with the motel, but was
wooded, making a scenic site for the motel and plaintiffs'
residence. For purpose of clarity the area involved is shown by
the following map.


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