Lowball Watch – Kansas

We are reliably informed that in the case of Hobbs v. Miller, Circuit Court of  Finney County, Kansas, No. 09 CV 150, the DOT just abandoned a condemnation case under the following circumstances. The taking would shut off driveway access to the subject property (which DOT argued was noncompensable because it was only a case of circuity of travel). It offered $5000. The trial court found this to be a taking of access, and the appraisers (which we assume in Kansas means “commissioners”) awarded $231,000. DOT then abandoned the taking, and the court awarded $121,000 in attorneys fees.

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