Steckel v. Vancil

Citations

• 92 Kan. 591
• 141 P. 550
• 1914 Kan. LEXIS 286

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Islands Lying in Navigable Streams — Disposition of — Construction of Statute. The provision of the act of 1907, authorizing the disposal of all “islands” lying in navigable streams, applies to all lands the title to which is in the state by reason of their having originated as islands in a navigable river, including any that may have ceased to be islands in fact before the enactment of the statute.</p> <p>2. Same — Deed by the State — Held Not to Pass Title to Unsurveyed Islands in Navigable Streams. A deed by the state to a railroad company of “all of” a certain section, through which a navigable river runs, will be construed, in the absence of anything to suggest a contrary intention, as passing title only to the lands shown by the government survey, and not as including an unsurveyed island.</p> <p>3. Same — Occupation Does Not Estop the State from Asserting Title. The fact that individuals are permitted to occupy and use public land as their own for a long term of years does not estop the state to assert title to it.</p> <p>4. Same — Title to Islands Remains in the State. The title to a small unsurveyed island, existing in a navigable river at the time of the admission of Kansas into the Union, is regarded as being in the state as against any one but the federal government.</p>