State ex rel. Smith v. Kemp

The opinion of the court was delivered by

Burch, J.:

The state condemned a tract of land forming the site of the historic Shawnee Mission, in what is now Johnson county, Kansas, and certain of the landowners appeal from the judgment of condemnation.

In 1921 the legislature passed an act which reads as follows:

“That the power of eminent domain shall extend to any tract or parcel of land in the state of Kansas which possesses unusual historical interest. Such land may be taken for the use and benefit of the state by condemnation as herein provided.

“Whenever the legislature shall pass a joint…