Buckwalter v. School District No. 42

Citations

• 65 Kan. 603
• 70 P. 605
• 1902 Kan. LEXIS 98

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Schools and School Districts — Acquisition of Site by Condemnation Proceedings. Condemnation proceedings by a school district in the exercise of the power of eminent domain for the purpose of acquiring a schoolhouse site, under the provisions of section 6131, General Statutes of 1901, divest the owner of title thereto, even though he at the time had only an equitable title, and thereafter received the legal title.</p> <p>2. -Notice to Owner Immaterial. Such proceedings are efficient for that purpose although no notice thereof is provided for in that or any other statute or constitutional provision, and although no notice was given the owner,</p> <p>3. - Compensation not a Condition Precedent. Unless prohibited by some constitutional or statutory provision, a school district may appropriate a portion of land belonging to a citizen for a schoolhouse site without first making .compensation, such appropriation being for a public purpose, and means being provided the owner for the determination of the value of the property so taken by due process of law.</p>