Secretary of Kansas Dept. of Transportation v. Underwood Equipment, Inc.

The opinion of the court was delivered by

Larson, J.:

This condemnation appeal raises two questions: (1) Was it clearly erroneous to separate PIK Civ. 3d 131.04, a jury instruction which relates to the calculation of damages for a partial taking, into three different instructions? and (2) Was it reversible error for extraneous documents included in an exhibit which were admitted into evidence pursuant to the condemnee’s request and over the condemnor’s objection to be considered by the jury? We answer each question in the negative and affirm the trial court.

The Kansas Department of…