Kansas Gas & Electric Co. v. Will Investments, Inc.

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, *126appeals 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).

Our result being basically fact driven requires us to state in considerable detail the background giving rise to this litigation.

In late April 1994, SAD acquired fee simple title to the…