Nelson v. School District No. 3

Citations

• 100 Kan. 612
• 164 P. 1075
• 1917 Kan. LEXIS 386

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. School District — Condemnation of Land for Schoolhouse Site — Proceedings Regular. Under section 9409 of the General Statutes of 1915 a record of a school-board meeting showing an order by the board describing certain land and declaring that the appropriation of such land is necessary for the purposes of a schoolhouse site and playgrounds is sufficient to authorize a proceeding for the condemnation of the land, where it appears that a survey of the land has been made and a plat has been filed with the clerk.</p> <p>2. Same — Condemnation Proceedings — Statutes Controlling. Where a school district in which is situated a city of the third class has voted to change its schoolhouse site under section 8915 of the General Statutes of 1915, the school board may then proceed, under sections 9408-9414 of the General Statutes of 1915, to condemn the new site.</p> <p>3. Same. A'school board acting under sections 9408-9414 of the General Statutes of 1915 may condemn more than one and one-half acres for a schoolhouse site and playgrounds.</p> <p>4. Same — Condemnation of Land — Effort to Purchase. Where land has been selected for a schoolhouse site it is not necessary for the school board to try to purchase the land at a reasonable price or procure it by donation or otherwise, before instituting condemnation proceedings, if the owner of the land refuses to convey or donate the land to the school district.</p>