Anderson v. Board of County Commissioners

Citations

• 83 Kan. 419
• 111 P. 464
• 1910 Kan. LEXIS 549

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. County Bridges — Erection and Repair — Authority—Amount Expended — Consent of Electors. Section 655 of the General Statutes of 1909, authorizing county commissioners to make an appropriation of $4000 to build or repair a bridge and requiring an affirmative vote of the electors before a greater sum may be appropriated, does not preclude the building of a bridge which costs more than $4000, without a vote of the electors, where another municipality and other interested parties contribute so much of the cost of the bridge as ex-eeeds $4000, and where no more than $4000 of the funds of the county is appropriated for that purpose.</p> <p>2. - Removal from Old to Neio Channel of Stream — Obstruction of Highway — Injunction. Where a river spanned by an expensive bridge cuts a new channel, through which thereafter most of the water of the stream flows, it is competent for the county commissioners to remove the bridge from its position over the old channel and to rebuild it over the new one, and an owner of land some distance from the bridge but through whose 'land the highway connecting with the bridge passes, and who has full and free access to and from the land by other highways, is not entitled to an order enjoining the commissioners from removing the bridge.</p> <p>3. HIGHWAYS' — Removal of Bridge — Restoration of Highway to Suitable Condition for Travel. Since the commissioners have not vacated the highway of which the bridge in its old position formed a part, and apparently do not intend to vacate it, it may be assumed that if there is a necessity for the existence of the highway the commissioners, after the removal of the bridge, will restore the highway and put it in a reasonable and suitable condition for travel.</p>