Hogue v. Kansas Power & Light Co.

The opinion of the court was delivered by

Fontron, J.:

This is an appeal by the plaintiff landowners, Don F. Hogue and Fern H. Hogue, his wife, from an award of damages entered in eminent domain proceedings.

In the year 1970, the Kansas Power and Light Company, herein referred to as KPL or defendant, undertook to condemn a permanent right of way across a 410 acre tract of land northwest of *340Topeka owned by Mr. Hogue. The easement angled some 2700 feet across the southeast corner of the tract, was 100 feet in width and was to be used in locating and maintaining an electric power line. Encompassed…