Board of County Commissioners v. City of Lawrence

Citations

• 102 Kan. 656
• 171 P. 610
• 1918 Kan. LEXIS 113

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Town Site — Levee and Streets Dedicated — Fee Vested in County in Trust. When the founders of a city or town execute, file, and record the plat of the property devoted by them to town-site purposes, the fee title of the levees, streets, alleys, parks, and the like vests in the county forever, in trust for the public, by operation of law.</p> <p>2. Same — Control of Levees and Streets Vested in City. The lawful possession, dominion, and control of all levees, streets, and the like, dedicated to the public by the founders of a town site, are.vested in the city by operation of law.</p> <p>3. Same — Control of Levees and Streets — Cannot be Divested by City. A city cannot, by executing a deed of conveyance to a part of a public levee, disable itself of its public municipal power nor relinquish its public municipal duty to control the property for the public good.</p> <p>4. Same — Control of Levees and Streets — Nonuse — Laches — Adverse Possession. Those rights, duties, and privileges conferred and imposed upon a municipal corporation exclusively for the public benefit cannot ordinarily be lost through nonuse, laches, estoppel, or adverse possession, and statutes of limitation are not ordinarily applicable thereto.</p>