City of Kansas City v. Napiecek

Citations

• 76 Kan. 693
• 92 P. 827
• 1907 Kan. LEXIS 314

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Municipal Corporations — Opening a Street — Special Assessments — Report of Appraisers — Award. The proceedings by which an assessment is made against the property within a benefit- district to pay for a part of the cost of opening a street are not rendered void by the fact that the report of the appraisers appointed to assess the damages occasioned by the taking of the land required for the purpose shows that their award was based upon the theory that the owner should retain the buildings situated thereon and remove them at his own expense.</p> <p>2. -Notice Given by Appraisers — Construction. The language of a notice given by such appraisers will be liberally - construed to uphold their acts, especially in the case of ambiguous phrases borrowed from the statute.</p> <p>3. --- Description of Property Specially Benefited. - In the course of proceedings instituted by a city for opening a street and charging a part of the cost to the property within a benefit district it is unnecessary that the description of the property referred to therein should include a statement of the city, county or state in which it is situated. The subdivisions referred to must be understood to be those of the municipality concerned.</p> <p>4. - Apportionment of Assessments. A' statute providing that appraisers shall assess a part of the cost of such improvement against the property within a specified district which shall in their opinion be especially benefited thereby, in the absence of a provision for any other rule of apportionment, must be construed to mean that the total amount to be charged against such property shall be distributed in proportion to the actual benefit received by the several tracts' respectively, as estimated by th.e appraisers.</p> <p>5. -Property Not Fronting on the New Street. Under the statute (Laws 1903, ch. 122, § 160) authorizing a part of the cost of opening a street to be charged to property especially benefited thereby ass