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· 5/9/1914

Winters v. Myers

Citations

  • 92 Kan. 414
  • 140 P. 1033
  • 1914 Kan. LEXIS 247

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Title to Islands in Navigable Streams. The title to islands formed in navigable streams since the admission of Kansas into the Union is held by the state for the benefit of all the people.</p> <p>2. Same — Legislature May Not Relinquish Such Title to Private Individuals. The legislature is without power to relinquish the title to such islands to the owners of shore lands without compensation where no public benefit will result from the gift.</p> <p>3. Same — Statute Authorizing Relinquishment of Title to Islands in Navigable Streams is Unconstitutional. Section 9 of chapter 295 of the Laws of 1913, concerning islands in navigable streams, which provides for such relinquishment or gift when certain conditions exist, violates section 2 of the bill of rights which declares that free governments are instituted for the equal protection and benefit of the people. 't</p>

Judges: Benson, Mason

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