Lake Koen Navigation, Reservoir & Irrigation Co. v. McLain Land & Investment Co.

Citations

• 69 Kan. 334
• 76 P. 853
• 1904 Kan. LEXIS 253

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Eminent Domain—Defective Description of Land in Appeal' Bond. On an appeal from the condemnation of land for the storage of water, made under section 1 of chapter 151, Laws of 1899” (Gen. Stat. 1901, §3758), the real estate affected should be described in the appeal bond, but a defective description may be rendered certain by an express reference in the bond to the report-of the condemnation commissioners.</p> <p>2. -Damages Not Duplicated—Demurrer to Evidence Properly Overruled. The record examined and found to disclose that damages for certain items were not duplicated and that-the court was warranted in submitting the question of title to the jury.</p> <p>3.-Measure of Damages — Value Enhanced by Community with Other Tracts. On an appeal from the condemnation of land it is proper, in proving damages, to consider all the capabilities of the property and its most advantageous uses as it is actually situated and as it is actually related to other land; and if it possess an enhanced value occasioned by its community with other tracts nothing short of such value will afford its owner adequate compensation for its loss.</p> <p>4. - Rule for Computation of Interest on General Damages. In condemnation appeals it is the better rule to allow interest on general damages from the date of condemnation, but the amount should be reduced by the value, if any, to the owner of whatever subsequent possession and use of the land he has enjoyed.</p>