(DOWNLOAD) "Herman v. City of Wichita" by Supreme Court of Kansas # Book PDF Kindle ePub Free
eBook details
- Title: Herman v. City of Wichita
- Author : Supreme Court of Kansas
- Release Date : January 14, 1980
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
The opinion of the court was delivered by This is an inverse condemnation case brought by certain
landowners against the city of Wichita for a declaratory judgment
and to recover just compensation for access rights taken by the
city in converting a street to a limited access highway. The
facts of the case are not in dispute and essentially are as
follows: The plaintiffs, the Hermans, were owners of a tract of
land along old Kellogg Street in Wichita. When Kellogg Street was
changed to a controlled access facility, plaintiffs' property
lost its direct access to the highway and instead was restricted
in access to a frontage road, Kellogg Drive. Because there was no
actual physical
[228 Kan. 64]
taking of plaintiffs' property, the city denied there had been
any compensable taking. Plaintiffs then filed an action seeking a
judgment declaring that a compensable taking had occurred,
requiring the city either to purchase the property or institute
formal condemnation proceedings, or in the alternative, to award
plaintiffs just compensation for the taking. The district court
found the loss of direct access to be a compensable taking. This
court affirmed the trial court in Teachers Insurance & Annuity
Ass'n of America v. City of Wichita, 221 Kan. 325, 559 P.2d 347
(1977). The city failed to initiate either negotiations to
purchase or formal condemnation proceedings. The district court
then proceeded to determine the issue of damages within the
framework of the initial suit, on the theory of inverse
condemnation.
 "Herman v. City of Wichita" by Supreme Court of Kansas # Book PDF Kindle ePub Free){kind=link}