Section 31 Inconsistent or Conflicting Uses

• Library: Condemnation Practice 2009

When the condemning authority does not possess any of the powers of the sovereign and only has the general right of condemnation, property devoted to a public use cannot be condemned when the appropriation will destroy or impair the existing public use. Kansas City v. Ashley, 406 S.W.2d 584 (Mo. 1966). In Ashley, Kansas City attempted to condemn land, longitudinally for street purposes, that was being used as a railroad right-of-way. The effect of allowing the condemnation would give the control and...