Dethample v. Lake Koen Navigation, Reservoir & Irrigation Co.

Citations

• 73 Kan. 54
• 85 P. 544
• 1906 Kan. LEXIS 203

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Eminent Domain — Easement—Damages. In a condemnation proceeding for a perpetual easement in an entire tract of land which has only a surface value, the basis of the owner’s right of recovery is the value of the land, the same as if the fee had also been appropriated.</p> <p>2. -Instructions — Measure of Damages. In such a proceeding the only question of fact to be submitted to a jury is the value of the land at the time of condemnation, and it is misleading and erroneous for the court to instruct the jury that only an easement was appropriated by the condemnation proceedings, and that the fee remains in the owner, unless they are further instructed that in determining the owner’s damages no value should be attached to the remaining fee.</p>