Legal Opinion

Jasper Land & Improvement Co. v. Kansas City

Supreme Court of Missouri

Decided April 8, 1922PublishedCited by 17 opinions

Appeal from Jackson Circuit Court.. — Hon. Thomas B. , Buchner, Judge. (1) Sec. 21, Art. II, Mo-. Constitution, provides “that private property shall not be taken or damaged for public use without just compensation; and until the same shall be paid to the owner or into court for the owner, the property shall not be disturbed or the proprietary rights of the owner therein divested.” State ex rel. v. Hug,, 44 Mo. 116; Stacey v. Vermont Co., 27 Vt. 38; Const.

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Appeal from Jackson Circuit Court.. — Hon. Thomas B. , Buchner, Judge. (1) Sec. 21, Art. II, Mo-. Constitution, provides “that private property shall not be taken or damaged for public use without just compensation; and until the same shall be paid to the owner or into court for the owner, the property shall not be disturbed or the proprietary rights of the owner therein divested.” State ex rel. v. Hug,, 44 Mo. 116; Stacey v. Vermont Co., 27 Vt. 38; Const. Co. v. Clarke, 193 S. W. 546; Kansas City v. Ward, 134 Mo. 183; Buchanan v. Kainsas City, 208 Mo. 682; Kansas City Charter, seo. 3, art.…

1Opinion of the Court

This is a suit to recover the remainder of an amount awarded plaintiff in a condemnation proceeding as compensation for real estate taken for street purposes. Defendant demurred to the petition. The demurrer being overruled, it declined to plead further, and judgment was rendered against it for the amount claimed with interest. From that judgment it appeals.

The facts disclosed by the petition are briefly these: On May 9, 1917, an ordinance of Kansas City was duly enacted which provided for the opening, widening and extending of certain streets and avenues as enlarged approaches to the Union…

2Cases cited9 opinions

  1. Gibson v. ChouteauSupreme Court of the United States · 1872
  2. Gitchell v. KreidlerSupreme Court of Missouri · 1884
  3. Kansas City v. WardSupreme Court of Missouri · 1896
  4. Brunn v. Kansas CitySupreme Court of Missouri · 1909
  5. State ex rel. Hayes v. SnyderSupreme Court of Missouri · 1897

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3Cited by17 opinions

  1. In Re Armory Site in Kansas CitySupreme Court of Missouri · 1955
  2. State Ex Rel. Crutcher v. KoelnSupreme Court of Missouri · 1933
  3. State Ex Rel. State Highway Commission v. DaySupreme Court of Missouri · 1931
  4. Collector of Revenue within & for the St. Louis v. Ford Motor Co.Court of Appeals for the Eighth Circuit · 1946
  5. In Re Oak Street Kansas City v. McTernanSupreme Court of Missouri · 1925

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