Spears v. Kansas City Power & Light Co.

In my opinion the court has placed undue emphasis upon the report of the appraisers and has failed to give proper consideration to the petition in the condemnation action. The petition is the jurisdictional instrument upon which a condemnation proceeding is conducted. What the court has actually done is to give the condemning authority rights it did not acquire by the original condemnation proceedings.

At the outset it is conceded the defendant (Kansas City Power and Light Company — appellee) had statutory authority to acquire by condemnation a right to construct underground transmission lines…