Zahn v. Board of County Commissioners

Citations

• 108 Kan. 741
• 196 P. 1060
• 1921 Kan. LEXIS 256

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Highways — Public Road Established — Claim for Damages Presented and Disallowed — No Appeal — Right to Claim Damages Ended.' Where a road is established by a board of county commissioners and a landowner presents a claim for damages because of the establishment of the road, which is not allowed, and no appeal is taken by him from the order, his right to claim damages is then ended and the board of county commissioners is without authority thereafter to allow .his claim of damages.</p> <p>2. Same — Passageway Under Road for Cattle. The fact that the board thereafter made an allowance towards the building of a passageway for cattle to pass under the road, which was maintained by the township authorities for a number of years, did not create an obligation against the county to maintain the passageway.</p>