Sanders v. State Highway Commission

The opinion of the court was delivered by This consolidated appeal is from summary judgments entered in favor of the State Highway Commission of the State of Kansas (state highway commission) in actions brought by homeowners (plaintiffs) whose properties adjoin the right-of-way of Interstate Highway I-635 in Kansas City, Kansas. On the morning of June 28, 1969, these homeowners looked out of the windows of their respective homes and discovered to their surprise that large portions of their back yards had disappeared. Excavation work had been progressing on the adjacent right-of-way of Highway I-635. Plaintiffs' properties are on higher ground and there is a steep incline from the east line of the right-of-way to the roadbed of the highway. Where plaintiffs' back yards had been the soil had crumbled and slid away onto the right-of-way leaving a large hole or crevice 45 feet long, 35 feet wide and 20 to 25 feet deep. The edge of the hole was within two or three feet of the rear sidewalks which lie parallel and along the foundations of plaintiffs' houses. The houses remained intact but sewer and water lines in the back yards were twisted and broken.