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Dick v. Drainage District No. 2

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eBook details

  • Title: Dick v. Drainage District No. 2
  • Author : Supreme Court of Kansas
  • Release Date : January 06, 1954
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 57 KB

Description

The opinion of the court was delivered by This is an appeal from orders overruling separate demurrers to
a petition. Under appropriate allegations the pleading in question
discloses the corporate existence of the defendant Drainage
District, the official character of the defendant County
Treasurer, and that plaintiffs are the owners of separate tracts
of real estate, located in Harvey county, over which the
corporation is attempting to condemn a right of way. It next
charges the purported condemnation proceedings are void and of no
effect because (1) the petition for condemnation fails to set
forth the size of the ditches, levees, dikes, and other works
required by statute (G.S. 1949, 24-612); (2) the plans and
specifications, attached to and filed with the condemnation
petition, are so vague, incomplete and illegible that neither the
landowners nor the appraisers could determine the nature or
extent of any levees, dikes or other works proposed by the
condemnation; (3) the report of the appraisers shows upon its
face that such appraisers lost jurisdiction to make the
appraisement shown by their report for the reason they adjourned
to meet on different occasions, without fixing a time and place
certain for the holding of such meetings as required by law; and
(4) that the appraisers failed to give
[175 Kan. 871]


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