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SMALL v. KEMP

No. 58,516

240 Kan. 113 (1986)

727 P.2d 904

DEAN E. SMALL, Appellee, v. JOHN B. KEMP, Secretary of Transportation for the State of Kansas, Appellant.

Supreme Court of Kansas.

Opinion filed October 31, 1986.

Attorney(s) appearing for the Case

Ronald D. Garrison, of Holbrook and Ellis, P.A., of Kansas City, argued the cause, and Michael Rees, chief attorney, Kansas Department of Transportation, was with him on the brief for appellant.

James T. Wiglesworth, of Perry & Hamill, of Overland Park, argued the cause, and Gregory M. Dennis, of the same firm, was with him on the brief for appellee.

The opinion of the court was delivered by

LOCKETT, J.:

The State took a temporary easement on a portion of the plaintiff's property to relocate a frontage road. The main issue is whether the State was exercising its police power in relocating and reorienting the roadway on land near but not touching the plaintiffs property. If the State's action was within its police power, the State is not liable to the plaintiff for the loss in property value due to the...

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