Constitutional Law - Due Process - Adequacy of Notice by Publication

Authors

Cyril Moscow S.Ed., University of Michigan Law SchoolFollow

Abstract

In condemnation proceedings instituted by a city against a landowner, notice of proceedings to determine his compensation was given only by publication in the official city newspaper. The statute in force called for notice either in writing or by publication. After the time authorized for appeal from a compensation award had elapsed, the landowner brought an equitable action to enjoin the city from entering upon the property, alleging that he knew nothing of the condemnation proceedings until after the time for appeal had passed. The trial court denied relief, holding that the newspaper publication was sufficient notice to meet due process requirements. The Supreme Court of Kansas affirmed. On appeal, held, reversed. The notice by publication falls short of due process requirements. Justice Frankfurter dissented on the ground that the landowner did not allege that the compensation was inadequate. Justice Burton dissented on the ground that the notice provision was within the scope of legitimate local discretion. Walker v. City of Hutchinson, 352 U.S. 112 (1956).

Recommended Citation

Cyril Moscow S.Ed., Constitutional Law - Due Process - Adequacy of Notice by Publication, 55 Mich. L. Rev. 1013 (1957).
Available at: https://repository.law.umich.edu/mlr/vol55/iss7/8