Butler County Rural Water District No. 8 v. Yates

The opinion of the court was delivered by

Knudson, J.:

In this condemnation proceeding, the jury awarded the landowners, David M. Yates and Elizabeth M. Yates, $5,000 for the partial taking of their right to enforce a restrictive use covenant against the condemnor, Butler County Rural Water District No. 8 (Water District). The Yates contend that the district court erred in allowing expert witnesses to testify that the fair market value of their property was the same after the taking as before the taking. On our motion, this appeal has been transferred from the Court of Appeals. See K.S.A.…