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KANSAS POWER & LIGHT CO. v. FLOERSCH

No. 50,268

4 Kan. App. 2d 440 (1980)

608 P.2d 1023

KANSAS POWER & LIGHT COMPANY, Appellee, v. JOSEPH FLOERSCH and DELORES FLOERSCH, Appellants.

Court of Appeals of Kansas.

Petition for review granted May 19, 1980.

Attorney(s) appearing for the Case

Jerry W. Hannah, of Topeka, for the appellants.

Edward L. Bailey and James D. Waugh of Cosgrove, Webb & Oman, of Topeka, for the appellee.

Before PARKS, P.J., ABBOTT and SWINEHART, JJ.

PARKS, J.:

The landowners, Joseph and Delores Floersch, appeal from a jury verdict in a condemnation action contending that the special verdict is not supported by the evidence.

The measure of damages for a partial taking is governed by K.S.A. 26-513(c), which states:

"If only a part of a tract of land or interest is taken, the compensation and measure of damages are the difference between the value of the entire property or interest immediately...

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