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REITER v. STATE HIGHWAY COMMISSION

No. 39,662

177 Kan. 683 (1955)

281 P.2d 1080

JAMES REITER and VIOLET REITER, his wife, Appellees, v. THE STATE HIGHWAY COMMISSION OF THE STATE OF KANSAS, Appellant. JAMES H. REITER and VIOLET REITER, his wife, et al., Appellees, v. THE STATE HIGHWAY COMMISSION OF THE STATE OF KANSAS, Appellant.

Supreme Court of Kansas.

Opinion filed April 9, 1955.

Attorney(s) appearing for the Case

W.B. Kirkpatrick, assistant attorney general, and Henry L. Daniels, of Topeka, argued the cause, and Clarence Paulsen, of Concordia, was with them on the briefs for the appellant.

Ralph H. Noah, and Don W. Noah, both of Beloit, argued the cause and Frank C. Baldwin, of Concordia, was with them on the briefs for the appellees and cross-appellants.

The opinion of the court was delivered by

WERTZ, J.:

Under two proceedings in eminent domain, the highway commission appropriated land for highway purposes. In one proceeding, James H. Reiter and other heirs of the Reiter estate are the owners of the northwest quarter of a section of land in Cloud county. The land taken by the highway commission amounted to approximately nineteen acres, consisting of a strip extending diagonally across the land. Under a part...

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