Simmons v. State Highway Commission

The opinion of the court was delivered by

Parker, J.:

This is an appeal from a judgment in a condemnation proceeding to condemn land for the widening and improvement of a public highway..

On August 11, 1953, the State Highway Commission instituted proceedings to condemn certain land, including all rights of access in and to such land as permitted by G. S. 1953 Supp. Chap. 68, Art. 19, located in Saline County, Kansas, which land was owned by Emma Gebhart Simmons and subject to a mortgage to McNaghten Loan Company, Inc., for the purpose of widening existing U. S. Highway 81 into a four-lane…