Gauger v. State

The opinion of the court was delivered by

Abbott, J.:

William Gauger brought what amounts to an inverse condemnation action against the State of Kansas. Gauger claims title to a strip of land 100 feet in width and 2,673 feet in length, comprising 6.13 acres, which is bounded on three sides (100 feet abuts a public road) by land owned by the State of Kansas and used by the Kansas State Penitentiary (KSP).

The parties filed cross-motions for summary judgment. The district court granted the State’s motion, finding that Gauger had no interest in the land to be taken. Gauger appeals.

For purposes of…