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CITY OF MANHATTAN v. KENT

No. 51,077

228 Kan. 513 (1980)

618 P.2d 1180

In the Matter of the Condemnation of Land for Municipal Purposes. CITY OF MANHATTAN, KANSAS, Appellant, v. REX J. KENT and EMMA J. KENT; STEVENSON SIGN SERVICE, INC.; THOMAS SIGN SERVICE and THE FEDERAL LAND BANK OF WICHITA, Appellees.

Supreme Court of Kansas.

Opinion filed November 1, 1980.

Attorney(s) appearing for the Case

Charles D. Green, of Arthur, Green, Arthur & Conderman, of Manhattan, argued the cause and was on the brief for the appellant.

Howard W. Harper, of Harper & Hornbaker, Chartered, of Junction City, argued the cause and was on the brief for appellees Kent.

Thomas P. Fay, of Fay & Fay, of Manhattan, was on the brief for the appellee-cross-appellant Thomas Sign Service.

The opinion of the court was delivered by

McFARLAND, J.:

The City of Manhattan instituted proceedings in eminent domain for a total taking of a 71.43-acre tract of land for airport expansion purposes. Thomas Sign Service leases, for sign purposes, a 50-foot by 2,300-foot strip of the tract adjacent to the Kansas Highway 18 right-of-way. The appraisers' report found the total value of the tract to be $258,650 and, in an

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