McKnight v. City of Wichita

Citations

• 83 Kan. 7
• 109 P. 994
• 1910 Kan. LEXIS 462

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Condemnation Proceedings — Measure of Damages. On an appeal from the condemnation of land it is proper, in proving damages, to consider all the capabilities of the property and its most advantageous uses as it is actually situated. (Irrigation Co. v. McLain, 69 Kan. 334.)</p> <p>2. - Tract Surveyed and Mapped — Plat Not Recorded— Damages to Entire Tract. On the trial of an appeal from the award in a proceeding to condemn a portion of a tract taken for a drainage canal the fact that the owner of the tract had it surveyed and mapped for residence and gardening plats, no plat dedicating streets and alleys through the tract having been recorded, does not debar such owner from having damages assessed to the remainder of the entire tract not taken for the ditch, although the jury find and assess damages to the tract on the basis that it is most valuable for residence purposes.</p>