WHITEWATER RIVER WATERSHED v. BUTLER RURAL ELEC.

No. 51,385

6 Kan. App. 2d 8 (1981)

626 P.2d 228

In the Matter of the Condemnation of Land for WHITEWATER RIVER WATERSHED JOINT DISTRICT No. 22, Appellee, v. BUTLER RURAL ELECTRIC COOPERATIVE ASSOCIATION, INC., Appellant.

Court of Appeals of Kansas.

Opinion filed April 10, 1981.


Attorney(s) appearing for the Case

Robert M. Green, of El Dorado, for appellant.

Gregory C. Nye and Arnold C. Nye, of Nye & Nye, of Newton, for appellee.

Before ABBOTT, P.J., REES and MEYER, JJ.


ABBOTT, J.:

This is an appeal by the condemnee, Butler Rural Electric Cooperative Association, Inc., (Rural Electric) from a judgment awarding it damages of $2,058 from the condemnor, Whitewater River Watershed Joint District No. 22 (Watershed District). Rural Electric contends it is entitled to the full cost of an adequate line to replace the one affected by the taking.

The dispositive facts are basically undisputed. The Watershed District adopted a plan...

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