Small v. Kemp’s Empirical Analysis
1986
Citation profile
16 state decisions
How this case has been cited
Cited by 16 later decisions — most recently December 2013
16 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Mugler v. State of Kansas State of Kansas Tufts · Cree v. Goldstein · Goldblatt v. Town of Hempstead · Brock v. State Highway Commission · Smith v. State Highway Commission
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““(a) Necessity. Private property shall not be taken or damaged for public use without just compensation. “(b) Taking entire tract. If the entire tract of land or interest in such land is taken, the measure of compensation is the fair market value of the property or interest at die time of dre taking. “(c) Partial taking. If only a part of a tract of land or interest is taken, the compensation and measure of damages is the difference between the fair market value of the entire property or interest immediately before the taking, and the value of that portion of the tract or interest remaining immediately after the taking. “(d) Factors to be considered. In ascertaining the amount of compensation and damages, the following nonexclusive list of factors shall be considered if such factors are shown to exist. Such factors are not to be considered as separate items of damages, but are to be considered only as they affect the total compensation and damage under the provisions of subsections (b) and (c) of this section. Such factors are: (1) The most advantageous use to which the property is reasonably adaptable. (2) Access to the property remaining. (3) Appearance of the property remaining, if appearance is an element of value in connection with any use for which the property is reasonably adaptable. (4) Productivity, convenience, use to be made of the property taken, or use of the property remaining. (5) View, ventilation and light, to the extent that they are beneficial attributes t”
1 later decision quote this exact passage · from the majority““Access to and from an existing public highway may not be taken from the owner of land abutting the highway by the public without just compensation. The right of access of an abutting property owner upon a public street or highway is merely a right to reasonable, but not unlimited, access to and from the abutting property. [Citation omitted.] An owner of land has no right to the continuation of a flow of traffic in front of his [or her] property from an access-controlled thoroughfare and the State may abandon, reroute, or otherwise divert traffic without any liability to the owner of abutting lands. [Citation omitted.]” 240 Kan. at 119 . “The change of travel route does not of itself result in legal impairment of the right of ingress and egress to and from such property and a controlled access highway. Where a landowner’s direct access or an access route is changed, the reasonableness of the circuity of travel caused by the rerouting of the access is considered to determine whether the impairment of access to the property is reasonable or unreasonable. The landowner is entitled to compensation for the impairment of his [or her] access where the rerouting (circuity of travel) is unreasonable.” 240 Kan. at 120 .”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.