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JOHNSON v. STATE HIGHWAY COMMISSION

No. 42,202

188 Kan. 683 (1961)

366 P.2d 282

OTIS BLAINE JOHNSON and VIOLA H. JOHNSON, Appellants, v. THE STATE HIGHWAY COMMISSION OF KANSAS, Appellee.

Supreme Court of Kansas.

Opinion filed November 10, 1961.

Attorney(s) appearing for the Case

W.H. Coutts, Jr., of El Dorado, argued the cause, and W.H. Coutts, III, and Walter J. Kennedy, both of El Dorado, were with him on the briefs for the appellants.

R.A. Munroe, of Augusta, argued the cause, and W.B. Kirkpatrick, assistant attorney general, and Roy G. Lowe, of Topeka, were with him on the briefs for appellee.

The opinion of the court was delivered by

JACKSON, J.:

This is an appeal from the district court's judgment based upon the jury's award in a landowner's appeal in a matter of condemnation by the State Highway Commission under eminent domain. Johnson, the appellant, owns a 240 acre farm lying north of U.S. highway No. 54. In improving the highway by enlarging the right of way, the commission condemned 20.31 acres along...

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