City of Wichita v. Chapman

The opinion of the court was delivered by

Schroeder, J.:

This is an appeal in an eminent domain proceeding by the City of Wichita (plaintiff-appellant) wherein it acquired a right-of-way for federal highway purposes on land owned by H. L. and Myrtle M. Chapman (defendants-appellees).

The appellant asserts trial errors on appeal and challenges an allowance of attorneys’ fees to the landowners’ attorneys pursuant to K. S. A. 26-509 as part of the court costs.

The City of Wichita in its initial attempt to acquire the landowners’ property offered approximately $23,000.00, which the Chapmans declined…