Gadarl v. City of Humboldt

Citations

• 87 Kan. 41
• 123 P. 764
• 1912 Kan. LEXIS 84

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Cities — Recording Plat of Addition — Fee of Streets — Dedication. By virtue of section 6 of chapter 78 of the General' Statutes of 1868, the filing and recording of a plat of an addition to a city by the proprietor thereof vests the fee of' the streets shown by the plat in the county for public purposes, and no formal acceptance by. the city or user by the’ public is necessary to perfect the dedication.</p> <p>2. -Same. When the title to a city street has once become-vested in .the county for the public benefit, such title can not. be impaired by any inaction or delay on the part of public-officials in devoting the property to the uses to which it has-been dedicated. No equities can arise in favor of an individual who takes private possession. His occupancy is subject to the paramount right of the public, and such right may be asserted' against any private, appropriator whenever the public convenience or necessity may suggest.</p>