Plum v. City of Kansas
Supreme Court of Missouri
Appeal from, Jackson Circuit Court. — Hon. T. A. Gtill, Judge. This is an action to enjoin the city of Kansas from taking possession of a parcel of land, regularly condemned for public use as a street, until the payment of proper compensation therefor. The city of Kansas passed an ordinance to extend Independence avenue, October 3, 1882. Proceedings were begun under it to acquire the land of plaintiff, as well as of others, for public purposes as part of that thoroughfare.
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Appeal from, Jackson Circuit Court. — Hon. T. A. Gtill, Judge. This is an action to enjoin the city of Kansas from taking possession of a parcel of land, regularly condemned for public use as a street, until the payment of proper compensation therefor. The city of Kansas passed an ordinance to extend Independence avenue, October 3, 1882. Proceedings were begun under it to acquire the land of plaintiff, as well as of others, for public purposes as part of that thoroughfare. In due course a verdict of the mayor’s jury, in those proceedings, directed by the charter (Sess. Acts, 1875, p. 244,…
1Opinion of the CourtBarclay, J.
The issue of law here is whether or not interest runs upon the award of damages assessed as compensation for land taken for public use by the judgment of the circuit court, pursuant to the terms of the Kansas City charter of 1875. Sess. Acts, 1875, p. 244, art. 7.
The situation of the parties in interest relative to the subject of controversy is this :
Neither the plaintiff nor the city was dissatisfied with the original award fixing the value of plaintiff’s property with a view to its appropriation to public use. The long delay in reaching the end of the condemnation case arose from the acts…
2Cases cited12 opinions
- Warren v. First Division of St. Paul & Pacific RailroadSupreme Court of Minnesota · 1875
- Old Colony Railroad v. MillerMassachusetts Supreme Judicial Court · 1878
- In Re the Department of Public Parks to Acquire Title to LandsNew York Court of Appeals · 1878
- Mississippi River Bridge Co. v. RingSupreme Court of Missouri · 1874
- West v. Milwaukee, Lake Shore & Western Railway Co.Wisconsin Supreme Court · 1882
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3Cited by23 opinions
- Stewart & Grindle, Inc. v. StateAlaska Supreme Court · 1974
- Betz v. Columbia Telephone Co.Missouri Court of Appeals · 1930
- Boyd v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1913
- Webster v. Kansas City & Southern Railway Co.Supreme Court of Missouri · 1893
- Brunn v. Kansas CitySupreme Court of Missouri · 1909
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