City of Ottawa v. Heathman

The opinion of the court was delivered by

Lockett, J.:

This is an appeal by the condemnor in a condemnation action from an order granting a new trial to the landowner.

The City of Ottawa, Kansas (the City), filed an appeal of an appraiser’s award for land in Ottawa owned by Frederick Junior and Mildred L. Heathman (Heathmans), which was condemned for a permanent construction easement. Trial was held and a verdict reached on August 31, 1983. The jury instruction given by the trial court for determining the Heathmans’ damages for the City’s taking of their land was:

“The measure of compensation for…