Doug Garber Construction, Inc. v. King – Stegall – Affirmed

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 113,732 DOUG GARBER CONSTRUCTION, INC., Appellant, v. MICHAEL S. KING, in his Capacity as SECRETARY OF TRANSPORTATION for the STATE OF KANSAS, Appellee. SYLLABUS BY THE COURT 1. A district court has broad discretion to admit or reject evidence in an eminent domain proceeding, including evidence of fair market value. 2. The enhancement or depression of real property value due to the project for which condemnation is sought is excluded in determining fair market value. 3. In an eminent domain action, a property owner may testify about the fair…