Legal Opinion · Dissent

Williams v. City of Wichita

Supreme Court of Kansas

Decided September 17, 1962No. 42,312Published

1DissentSchroeder, J.

Not to be outdone by the legislature in the confiscation of private property, the Supreme Court of Kansas today upholds the constitutionality of the 1945 Water Appropriation Act (G. S. 1949, 82a-701, et seq.) by decreeing an established property right (one which even the legislature and the city of Wichita recognized) to be nonexistent. Kansas decisions declaring the right of the landowner to the underground water in his land to be a common law vested property right are inferentially overruled, and, in effect, the new rule of law is given retroactive application to the time of origin of…

2Cases cited44 opinions

  1. Pennsylvania Coal Co. v. MahonSupreme Court of the United States · 1922
  2. Calder v. BullSupreme Court of the United States · 1798
  3. Fletcher v. PeckSupreme Court of the United States · 1810
  4. Chicago, Burlington & Quincy Railroad v. ChicagoSupreme Court of the United States · 1897
  5. Trustees of Dartmouth College v. WoodwardSupreme Court of the United States · 1819

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