City of St. John v. Board of County Commissioners

Citations

• 111 Kan. 128
• 205 P. 1033
• 1922 Kan. LEXIS 190

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. County Property — Within Corporate Limits of City — County Liable for Paving Assessments. Where the plat of a county-seat town shows a block labeled “county square,” the town company later executing to the county a deed therefor without restrictions as to use, and the commissioners assert a right of control, thereby accepting the property, full title thereto is vested in the county, and it is liable for the payment of paving assessments, notwithstanding the square has been continually used as a public park, the city bearing most of the expense of improving and caring for it, and the county having made no use of it except as it may be regarded as sharing in its maintenance as such park.</p> <p>2. Same — Duty of County to Pay Paving Assessments Levied by City. It is the duty of the county to pay parts of a paving assessment charged against property which it owns as they fall due under the tax laws, and in the present instance its obligation is to make a first payment of one-tenth of the assessment with six per cent interest for one year on the total.</p>