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IN RE CONDEMNATION OF LAND FOR STATE HIGHWAY PURPOSES

No. 83,210.

269 Kan. 128 (2000)

3 P.3d 1268

IN THE MATTER OF THE CONDEMNATION OF LAND FOR STATE HIGHWAY PURPOSES. E. DEAN CARLSON, SECRETARY OF TRANSPORTATION OF THE STATE OF KANSAS, Appellee, v. HOWARD S. WESTOFF and BARBARA M. WESTOFF, Appellants.

Supreme Court of Kansas.

Opinion filed April 21, 2000.

Attorney(s) appearing for the Case

Curt T. Schneider, of Schneider Law Office, of Coffeyville, argued the cause and was on the brief for appellants.

Bradley A. Stout, of Triplett, Woolf & Garretson, L.L.C., of Wichita, argued the cause and was on the brief for appellee.

The opinion of the court was delivered by

SIX, J.:

This is a condemnation case involving a partial taking under K.S.A. 26-513(c). The property owners, Howard and Barbara Westoff (the Westoffs), appeal from the district court's additur of $2,000. The Kansas Department of Transportation (KDOT) is the condemnor. The jury determined the "after the taking" value of the Westoffs' property to be outside the range of evidence. To conform the verdict to the evidence...

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