Carlson v. Westoff

The opinion of the court was delivered by

Six, J.:

This is a condemnation case involving a partial taking under K.S.A. 26-513(c). The property owners, Howard and Barbara Westoff (the Westoffs), appeal from the district court’s additur of $2,000. The Kansas Department of Transportation (KDOT) is the condemnor. The jury determined the “after the taking” value of the Westoffs’ property to be outside the range of evidence. To conform the verdict to the evidence, the district court imposed an additur. The Westoffs request a new trial contending that additur is not an appropriate remedy.

Our…