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IVES v. KANSAS TURNPIKE AUTHORITY

No. 41,178

184 Kan. 134 (1959)

334 P.2d 399

NELSON IVES and ROBERT IVES, Appellees, v. KANSAS TURNPIKE AUTHORITY OF THE STATE OF KANSAS, Appellant.

Supreme Court of Kansas.

Opinion filed January 24, 1959.

Attorney(s) appearing for the Case

Ernest J. Rice, of Topeka, argued the cause, and Robert M. Cowger, of Topeka, was with him on the briefs for the appellant.

Philip H. Lewis, of Topeka, argued the cause, and T.M. Lillard, O.B. Eidson, James W. Porter and Charles S. Fisher, Jr., all of Topeka, were with him on the briefs for the appellees.

The opinion of the court was delivered by

PRICE, J.:

Two tracts of land — one of 80 acres and the other of 160 acres — lying one mile apart, were owned by the same person. The Kansas Turnpike Authority took, by condemnation, some 45 acres from the 80-acre tract. None was taken from the 160-acre tract. An award was made solely with reference to the 80-acre tract. The owner, and his son, who operated both...

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