Board of County Commissioners v. Willard J. Kiser Living Trust

The opinion of the court was delivered by

Six, J.:

This is a condemnation action. The Board of County Commissioners of Sedgwick County, Kansas, (the County) the *86condemner, appealed the appraisers’ award of $481,525 for a partial taking to the district court under K.S.A. 26-508. Following a trial to the court, Stephen L. Clark, the landowner, was awarded compensation in the amount of $2,858,300. The deficiency judgment in favor of Clark is $2,376,775 plus interest. The district court awarded Clark attorney fees under K.S.A. 26-509 in an amount equaling 40% of the deficiency judgment, including…