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IN MATTER OF ACQUISITION OF LAND BY EMINENT DOMAIN

No. 75,527.

261 Kan. 125 (1996)

928 P.2d 73

IN THE MATTER OF THE ACQUISITION OF LAND BY EMINENT DOMAIN. KANSAS GAS AND ELECTRIC COMPANY, Plaintiff, v. WILL INVESTMENTS, INC., Defendant, and SAD, L.C., Appellee, and Mohammed Aghakani, Appellant.

Supreme Court of Kansas.

Opinion filed December 6, 1996.

Attorney(s) appearing for the Case

Robert W. Kaplan, of Kaplan, McMillan and Harris, of Wichita, argued the cause and was on the brief for appellant.

John L. Kratzer, Jr., of Hershberger, Patterson, Jones & Roth, L.C., of Wichita, argued the cause and was on the brief for appellee.

The opinion of the court was delivered by

LARSON, J.:

This case involves a unique set of facts wherein Mohammed Aghakani, the present owner of the underlying property, appeals the trial court's determination that SAD, L.C., the owner of a retained right-of-way for utility purposes, is entitled to the entire proceeds of a condemnation award for the SAD easement taken by Kansas Gas and Electric Company (KG&E).<...

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