Diefenbach v. State Highway Commission

The opinion of the court was delivered by

Hatcher, C.:

This controversy steins from an award in a condemnation proceeding.

The State Highway Commission determined that it was in the public interest to build a controlled-access highway which would by-pass Wichita, Kansas on the west and north in such a manner as to connect State Highway 254 running east to El Dorado, Kansas with Interstate Highway 235 and avoid the necessity of the traffic passing through the city of Wichita. It was necessary to condemn certain lands for such purpose including part of appellants’ land.

The appellant landowners own…