Board of County Commissioners v. Smith

The opinion of the court was delivered by

Nuss, J.:

This interlocutory appeal involves property valuation in an eminent domain proceeding. In 2001, Johnson County (county) took the Smiths’ property which is not only within the city limits of Overland Park (city) but is also within 1 mile of the Johnson County Executive Airport (airport).

The county believed that the property’s zoning classification was an important factor in determining value. It therefore filed a motion in Hmine asking the district court to find that the highest and best use of the property on the date of the taking was…