Yoder v. City of Hutchinson

The opinion of the court was delivered by

Thiele, J.:

The underlying question involved in these appeals is the nature and extent of damages recoverable by a landowner where proceedings in eminent domain under G. S. 1949, 26-201 to 210 inclusive, have been had under the authority of flood control statutes, which, as amended now appear as G. S. 1949, 12-635 to 12-646 inclusive.

Although a more detailed reference is later made to the statutory authority therefor, it suffices here to state that in 1946 the- city of Hutchinson initiated proceedings for the construction of flood control works of some…