Bales v. Wichita Midland Valley Railroad

Citations

• 92 Kan. 771
• 141 P. 1009
• 1914 Kan. LEXIS 320

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Eminent Domain — Unexpired Term of Leasehold — Elements of .Damages. When a leasehold consisting of a room used by the lessee for business purposes is appropriated for railway uses, the increased rental value of the premises caused by the addition by the tenant of decking, floor space, light plant and fixtures, and hook and rug racks, is an element that may be considered by the jury in determining the value of the unexpired term.</p> <p>2. Same. Anticipated profits of a furniture business carried on by the lessee upon the premises should not be allowed as an element of damages in the situation shown by the evidence in this case.</p> <p>3. -Same. In awarding compensation to a lessee for a leasehold appropriated for railway uses, the market value of the unexpired term should be allowed, taking into consideration as elements of value the situation, condition and use made, or that may be made, of the premises, and the nature and prosperity of the business carried on there if it affects the value of the lease.</p>