Shell Oil Co. v. Board of County Commissioners

The opinion of the court was delivered by

Price, J.:

The original opinion in this case is reported at 171 Kan. 159, 231 P. 2d 220. The facts will not be repeated here. A rehearing was granted to appellee, and it is argued that the application of G. S. 1941 Supp. 79-2804b to prevent the recovery of title to land as against one claiming under a void deed constitutes a taking of property without due process of law in violation of the Fourteenth Amendment to the Constitution of the United States, and that the legislature cannot change ownership into a mere right of action and then declare a…