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eBook details

• Title: Bumm v. Colvin
• Author : Supreme Court of Kansas
• Release Date : January 03, 1957
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 52 KB

Description

The opinion of the court was delivered by This is an appeal from a judgment dismissing an action for a
declaratory judgment and for injunctive relief upon the ground
that the subject matter of the lawsuit, the installation of an
air inlet and relief manhole, had been installed upon the
permanent right of way across plaintiff's land previously
acquired by the City of Wichita, and the case was moot. The pertinent facts giving rise to this appeal are summarized
as follows: On January 10, 1956, and pursuant to G.S. 1949,
26-201, et seq., as amended, the City of Wichita, hereafter
referred to as the City, presented its petition and application
in condemnation to the judge of the district court of Harvey
County, Kansas, in case No. 13,281, who appointed commissioners
in condemnation to appraise and assess damages for the taking of
plaintiff's land for public use. On May 8, 1956, and as a result
of that proceeding, the City acquired the right to possess,
occupy, use and improve a permanent right of way 50 feet wide
across plaintiff's land, and in addition, two strips of land 25
feet wide for temporary rights of way and construction easements
on each side of the permanent right of way. Those rights of way
were acquired by the City for the installation, maintenance and
operation of a 66-inch steel water supply pipe line for the
purpose of transporting and supplying water to the City, its
environs and inhabitants from the geological formation located in
Harvey County and known as the Equus Beds. As a part of the
installation, maintenance and operation of that pipe line, the
City also acquired the right to install and operate two air
inlets and relief manholes, one approximately 9 1/2 X 10 feet in
dimension and the other 4 1/2 X 9 feet in dimension, each
projecting approximately one foot above the surface of the
ground, and located within the boundary lines of the rights of
way. Damages awarded to plaintiff and other landowners as a
result of that
[181 Kan. 632]

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