Walbridge v. Board of County Commissioners

Citations

• 74 Kan. 341
• 86 P. 473
• 1906 Kan. LEXIS 67

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Condemnation Proceedings — Appeal from Award — Petition ■ — -Evidence. On an appeal to the district court from an award of damages made by a board of county commissioners the appellant is not required to file a petition. If, however, he does file a petition, and alleges therein facts that defeat the whole or any part of his claim, such facts are effective against him even though by reason of its former action the board of county commissioners could not plead such facts as a defense.</p> <p>2. Public Lands — Railroad Aid Grants — When Title Vested. The grant to the Union Pacific Railway Company of the odd-numbered sections of land within a certain distance on either side of its proposed railroad became effective upon the filing of the map of definite location with the secretary of the interior, and related back and vested in the railway company an interest in the land as of the date of the grant in 1862. (12 U. S. Stat. at L. p. 489.)</p> <p>3. - Power of Congress to Limit Rights of the Railway Company. In the absence of any forfeiture of its rights by any act or omission of the railway company, it was beyond the power of congress to derogate from the rights of the railway company in such lands after the filing of the map of definite location.</p> <p>4. - Grant of Right of Way for Highways — Acceptance by the State. The act of congress of 1866 (Rev. Stat. U. S. 1901, § 2477), granting a right of way for highways over public lands not reserved for public uses, became effective in Russell county, Kansas, as of the date of the grant, upon the passage of the act of the legislature of Kansas in 1873 (Laws 1873, ch. 122) declaring all section-lines in that county public roads. The act of the legislature was, in effect, an acceptance of the grant.</p> <p>5. -Lands Conveyed by the Grant of a Right of Way. The grant of a right of way for public roads never applied to the odd-numbered sections in Russell county which had previously been gran