St. Joseph & Grand Island Railway Co. v. City of Hiawatha

Citations

• 95 Kan. 471
• 148 P. 744
• 1915 Kan. LEXIS 238

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Constitutional Law — Construction of Sewer — Compensation Not a Condition Precedent — Injunction. The action was one to enjoin the city from constructing a sewer across certain lots belonging to the defendant. The city was proceeding to construct the sewer without first making an assessment of damages. It is held that section 4 of article 12 of the constitution, providing that no right of way shall be appropriated to the use of any corporation until full compensation therefor be first made in money, or secured by a deposit of money, to the owner, irrespective of any benefit from any improvement proposed by such corporation, does not apply, and that the city was not obliged to make an assessment of damages before occupying the defendant’s property with the sewer.-</p>