WALKER V. CITY OF HUTCHINSON, 352 U. S. 112 (1956)

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U.S. Supreme Court

Walker v. City of Hutchinson, 352 U.S. 112 (1956)

Walker v. City of Hutchinson

No. 13

Argued October 15-16, 1956

Decided December 10, 1956

352 U.S. 112


Pursuant to Article 2, Chapter 26, of the General Statutes of Kansas, a City filed an action to condemn part of appellant's land for public use. Acting under § 26-202, commissioners appointed to determine compensation gave no notice of a hearing except by publication in the official city newspaper, though appellant was a resident of Kansas and his name was known to the city and was on the official records. Alleging that he had no actual knowledge of the proceedings until after damages had been fixed and the time for appeal had passed, appellant sued in equity for an injunction against trespass and for other relief.

Held: since there was no reason in this case why direct notice could not be given, newspaper, publication alone did not measure up to the quality of notice the Due Process Clause of the Fourteenth Amendment requires as a prerequisite to proceedings to fix compensation in condemnation cases. Pp. 352 U. S. 112-117.

(a) If feasible, notice must be reasonably calculated to inform parties of proceedings which may directly and adversely affect their legally protected interests. Mullane v. Central Hanover Bank & Trust Co., 339 U. S. 306. P. 352 U. S. 115.

(b) Huling v. Kaw Valley Railway & Improvement Co., 130 U. S. 559, distinguished. P. 352 U. S. 116.

178 Kan. 263, 284 P.2d 1073 reversed and remanded.

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