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KANSAS FIRE AND SAFETY EQUIPMENT v. TOPEKA

No. 123,063.

531 P.3d 504 (2023)

KANSAS FIRE AND SAFETY EQUIPMENT, a Kansas Corporation; Hal G. Richardson d/b/a Bueno Food Brand and Topeka Vinyl Top; and Hal G. Richardson and Doug Vess, General Partners in Minuteman Solar Film, a Kansas Partnership, Appellants/Cross-appellees, v. CITY OF TOPEKA, Kansas, Appellee/Cross-appellant.

Supreme Court of Kansas.

Opinion Filed June 30, 2023.

Attorney(s) appearing for the Case

John R. Hamilton , of Hamilton, Laughlin, Barker, Johnson & Jones, of Topeka, argued the cause, and Jason B. Prier , of The Prier Law Firm, L.L.C., of Lawrence, was with him on the briefs for appellants/cross-appellees.

Shelly Starr , chief of litigation, City of Topeka, argued the cause and was on the briefs for appellee/cross-appellant.

Governmental authorities have inherent power to take private property for public use. But the exercise of this power comes at a cost to those whose property is taken. Thus, the Fifth Amendment to the United States Constitution and Article 12, section 4, of the Kansas Constitution prohibit such...

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