[DOWNLOAD] "Mai v. City of Garden City" by Supreme Court of Kansas " Book PDF Kindle ePub Free

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Title: Mai v. City of Garden City
Author : Supreme Court of Kansas
Release Date : January 11, 1954
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 57 KB

Description

The opinion of the court was delivered by Under proceedings in eminent domain, the City of Garden City
appropriated for its use a portion of plaintiffs' land.
Plaintiffs, landowners, being dissatisfied with the award of the
appraisers, appealed to the district court where the matter was
tried. The jury returned a verdict in favor of plaintiffs,
awarding them damages in the amount of $17,582.25, and returned
its answers to special questions submitted by the court:

1. What was the market value on December 16, 1952,
of the 10.4 acres of land taken by the City of Garden
City, Kansas? $3,640.

2. What was the market value on December 16, 1952,
of that part of the plaintiffs' land remaining, not
including the 10.4 acres taken, immediately before
the taking of the 10.4 acres? $44,975.

3. What was the market value on December 16, 1952,
of that part of the plaintiffs' land remaining
immediately after the taking by the City of the 10.4
acres? $31,032.75.

From the judgment entered by the trial court on the award made by
the jury, defendant appeals, urging that the trial court erred in
its ruling on the admissibility of evidence, the overruling of
its demurrer to the plaintiffs' evidence, and overruling its
motion for a new trial. The appellees J.H. Mai and Lena Mai will be referred to as
plaintiffs, and the appellant The City of Garden City as the
City, or defendant. The facts may be briefly stated as follows:
The land taken for the drainage ditch amounted to 10.4 acres. The
right of way for the ditch was 100 feet wide, approximately 4,530
feet long through plaintiffs' land, and varied from six to nine
feet deep. The dirt from the ditch was piled on the right of way
eight to twelve feet high on either side. Plaintiffs' land was a
quarter section from which a portion in the northeast corner had
been previously sold for residential purposes, some at $1,000 an
acre, leaving approximately 141 acres prior to the taking of the
land for the ditch. The land joined the city limits of Garden
City, except for the intervening U.S. highway 50N. The ditch
divided plaintiffs' land into two tracts. Some 21 acres north of
the ditch, which was best adapted to residential property, was
dry farm land sloping to the south, and the land south of the
ditch, approximately 107 acres, a portion of which was best
adapted to commercial property, also included 78 acres of
irrigated ground. The land taken for the ditch was principally
irrigated. The ditch cut off
[177 Kan. 181]