Collins v. York

The opinion of the court was delivered by

Price, J.;

This is an original proceeding in mandamus. A brief statement of its factual background, sufficient for our purposes, is as follows:

On June 29, 1953, the City of Wichita, in the exercise of its right of eminent domain, filed a condemnation action in the district court of Sedgwick County for the purpose of acquiring a water-supply pipeline right-of-way in connection with a project for the construction, extension and improvement of the water supply and water works system of the city. Included in the property sought to be condemned was the tract…