Buck v. DISTRICT COURT FOR COUNTY OF KIOWA

This case is an original proceeding brought under C.A.R. 21. The petitioners are the owners of lands adjacent to the main tracks of the respondent Missouri Pacific Railroad Company (railroad). They seek a writ directing the respondent district court to dismiss a condemnation action brought by the railroad with respect to their lands. We issued a rule to show cause and now discharge the rule.

The railroad filed a petition 1 in the respondent court seeking to condemn the lands in question for the purpose of constructing “dust levees” parallel to its tracks. Dust levees are earthen structures,…