# State ex rel. Mitchell v. State Highway Commission

> Supreme Court of Kansas · June 7, 1947 · 163 Kan. 187

URL: https://www.frixlaw.com/law-library/cases/7916610

## Case

- **Full name:** The State of Kansas ex rel. A. B. Mitchell, Attorney General (Edward F. Arn, substituted), The State Highway Commission of Kansas
- **Court:** Supreme Court of Kansas
- **Decided:** June 7, 1947
- **Citations:** 163 Kan. 187; 182 P.2d 127; 1947 Kan. LEXIS 345
- **Precedential status:** Published
- **Opinion:** Concurrence by Harvey
- **Judges:** Harvey, Hoch, Smith, Wedell
- **Cited by:** 21 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7916610

## Opinion text

Harvey, C. J.
(limited concurrence): As I read the pleadings in this action, as they are modified by the stipulation of the parties, there is presented for our decision a relatively simple question, which may be stated as follows: When the state highway commission has rightfully condemned real property for highway purposes and later finds that a part of the real property so condemned is no *202 longer needed for highway purposes may it sell the property no longer needed and give good title to it? The affirmative answer to the question is found in our statute (G. S. 1945 Supp. 68-413).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7916610. Public record. Not legal advice.