Yoder v. City of Hutchinson

The opinion of the court was delivered by The underlying question involved in these appeals is the nature
and extent of damages recoverable by a landowner where
proceedings in eminent domain under G.S. 1949, 26-201 to 210
inclusive, have been had under the authority of flood control
statutes, which, as amended now appear as G.S. 1949, 12-635 to
12-646 inclusive. Although a more detailed reference is later made to the
statutory authority therefor, it suffices here to state that in
1946 the city of Hutchinson initiated proceedings for the
construction of flood control works of some magnitude and which
extended beyond the city limits and in order to acquire lands and
easements necessary for that purpose, sometime in that year
commenced a proceeding in eminent domain in the district court of
Reno County, as a result of which commissioners were appointed,
and, under procedure of which no complaint is presently made, the
commissioners appraised the lands taken and assessed other
damages done to the landowners and filed their report on July 8,
1946. In due time several of the landowners deeming themselves
aggrieved appealed to the district court. Although not expressly
so stated, apparently each appeal was docketed as a separate
action in the district court as is provided by G.S. 1949, 26-205.