(Download) "Small v. Kemp" by Supreme Court of Kansas * Book PDF Kindle ePub Free
eBook details
- Title: Small v. Kemp
- Author : Supreme Court of Kansas
- Release Date : January 31, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
The opinion of the court was delivered by The State took a temporary easement on a portion of the plaintiff's property to relocate a frontage road. The main issue is whether the State was exercising its police power in relocating and reorienting the roadway on land near but not touching the plaintiffs property. If the State's action was within its police power, the State is not liable to the plaintiff for the loss in property value due to the relocation. The district court found, as a matter of law, the State was exercising its power of eminent domain. The jury awarded plaintiff $50,000. The State appeals. Dean Small, the plaintiff, is a veterinarian. For almost 10 years he has owned an animal clinic in Overland Park, Kansas. The clinic is located in the middle of three commercial properties. It originally fronted on Grant Circle which intersected with the I-35 east frontage road. Grant Circle terminated in a cul-de-sac south of Small's property, and the frontage road intersected with 75th Street north of the plaintiff's property.
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