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MILLER v. PREISSER

No. 103,938.

284 P.3d 290 (2012)

Debra L. MILLER, in her Capacity as the Secretary of Transportation for the State of Kansas, Appellee, v. Lawrence PREISSER and Tracy Chambers, Appellants.

Supreme Court of Kansas.

August 31, 2012.

Attorney(s) appearing for the Case

David M. Rapp , of Hinkle, Elkouri Law Firm, L.L.C., of Wichita, argued the cause and was on the brief for appellants.

Jason B. Prier , of Orrick and Associates, L.L.P., of Kansas City, argued the cause, and Patrick R. Watkins , of the same firm, and Timothy P. Orrick , of the same firm, of Overland Park, were with him on the brief for appellee.

Michael D. Irvin and Charles Arthur , of Manhattan, were on the brief for amicus curiae Kansas Farm Bureau.

The opinion of the court was delivered by LUCKERT, J.:

This appeal in an eminent domain action raises questions of law regarding (1) the application of the assemblage doctrine as a theory of valuation, (2) whether a change of traffic patterns is a compensable taking, and (3) whether a court in an eminent domain action has subject matter jurisdiction over a claim that the government's exercise of its police power to regulate traffic was unreasonable.

As to...

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