EMINENT DOMAIN - KANSAS

In re Eminent Domain

Supreme Court of Kansas - March 21, 2014 - P.3d - 2014 WL 1133418

School district filed eminent domain petition. The District Court entered judgment on jury verdict of $249,000 for landowners, and they appealed.

The Supreme Court of Kansas held that:

  • Trial judge properly allowed landowner, who did not have appraisal expertise, to express a valuation opinion in eminent domain action, but appropriately excluded testimony that was not relevant to the jury’s determination, and
  • Given landowner’s admission that he did not have appraisal expertise, landowner was not qualified to perform a cost appraisal, and therefore, trial judge did not abuse his discretion in excluding this evidence in eminent domain proceeding.

 



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