Walker v. City of Hutchinson
Facts
Walker owned land in Hutchinson, Kansas, and the city initiated condemnation proceedings to take part of it for a street project. Under the Kansas statute, commissioners were appointed to determine compensation and were required to give at least ten days' notice either in writing or by one publication in the official city paper. Walker received no written notice; the only notice was publication in the city's official newspaper, and the commissioners awarded him $725. Walker alleged he had no actual knowledge of the proceedings until after the statutory time to appeal the award had expired and challenged publication notice as constitutionally inadequate.
Issue
Whether, in a condemnation proceeding to determine compensation for a resident landowner whose name and address are known or easily ascertainable, notice by newspaper publication alone satisfies the Due Process Clause of the Fourteenth Amendment.
Rule
Due process requires that a property owner whose land is taken for public use be given a hearing on just compensation, and that hearing is meaningless without notice. Under Mullane, if feasible, notice must be reasonably calculated to inform parties of proceedings that may directly and adversely affect their legally protected interests; publication alone is insufficient where direct personal notice is feasible.
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