Urban Renewal Agency v. Decker

The opinion o£ the court was delivered by

Fromme, J.:

This is an appeal from a hearing under the Eminent Domain Procedure Act, K. S. A. 26-501, et seq. The petition for eminent domain was filed by the Urban Renewal Agency and the City of Kansas City, Kansas, in the district court of Wyandotte county. Two of the property owners were permitted to file an answer objecting to the proceedings and claiming that the taking was not necessary to the lawful purposes of the petitioners. Over the objection of the petitioners the district judge proceeded to hear testimony concerning the necessity of the…