Carlson v. Burkhart

The opinion of the court was delivered by

Abbott, J.:

The appellants, Michael L. Burkhart and Kent A. Stehlik, appeal the district court’s order that the county had acquired a portion of their land in Ford County, Kansas, by way of implied dedication.

For simplicity, the appellants will be referred to as landowners and the appellee, E. Dean Carlson, Secretary of Transportation of the State of Kansas, will be referred to as KDOT.

This case arises in connection with events leading up to the construction by KDOT of the South By-Pass project in Ford County, Kansas. The South By-Pass project consisted…