State ex rel. McDermott v. Atchison, Topeka & Santa Fe Railway Co.

Citations

• 105 Kan. 548
• 185 P. 286
• 1919 Kan. LEXIS 126

Syllabus

<p>SYLLABUS BY THE COURT</p> <p>1. Condemnation Proceedings — Authority of Commissioners — When-Ended Ordinarily when commissioners appointed to condemn a right of way for a railroad have made and tiled their report and adjourned, their authority is ended, and they cannot thereafter reopen and reconsider the award.</p> <p>2. Same — Amendment of Report of Commissioners. If there is a failure of the commissioners to comply with a statutory requirement, they may be compelled to amend and complete their report, but where the commissioners have found conflicting claims of ownership, and have stated in their report that the owners were “unknown,” and have adjourned, they will not be compelled by mandamus to reconvene and amend their report by stating the names of the owners of the tracts condemned.</p>