Dillon v. Kansas City, Fort Scott & Memphis Railroad

Citations

• 67 Kan. 687
• 74 P. 251
• 1903 Kan. LEXIS 314

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Railroads — Eminent Domain— Water-station. A railroad corporation is authorized by section 1359, General Statutes of 1901, to condemn lands separate and apart from its right of way for a water-station.</p> <p>2. - Owner Estopped by Aecepting the Award. Where condemnation proceedings for condemning land for a.water-station are regularly had and terminated and the owner of the fee has accepted the award, the question of the necessity for the water-station and the quantity of land required therefor are not open for future litigation.</p> <p>3. - Owner has no Concurrent Bight of Possession. The owner of the fee in lands condemned by a railroad company for a water-station has no concurrent right of possession with the railroad company of that portion of such lands as are in actual use by the company, or to any portion thereof which is necessary for its-use in protecting its pond or reservoir.</p> <p>Í. -Lease to a Club Not an Abandonment. When a railroad company has regularly condemned a tract of land for a-water-station and caused it to be flooded with water for its use, the leasing thereof to a club for fishing, hunting, bathing, and! skating, reserving to itself the actual possession for all purposes’ for which the land was condemned, with the right to cancel the lease at any time, upon thirty days’ written notice, is not, as matter of law, an abandonment by said company of the land as a water-station.</p>