 | Phil Mellor
is an attorney at Fleeson, Gooing, Coulson & Kitch, L.L.C. Phil received his bachelor of arts degree from Friends University and his Bachelor of Laws degree from Washburn University of Topeka in 1953. Prior to joining Fleeson, Gooing, Coulson & Kitch, L.L.C., in 1997, Phil was a partner in the firm of Mellor & Miller, P.A. His primary area of practice is eminent domain and real property law, on which he has presented numerous papers and seminars. |
Legal
2004-06-01 09:38:00
Highways 96 & 54 at Goddard
Question: I own land that may be involved in the creation of the proposed Northwest Expressway, which will connect Highway 96 with Highway 54 at or near Goddard. What can I expect the highway to take from me and how am I to be paid?
ANSWER: As you are aware, cities, counties and the state department of transportation have the power of "eminent domain," which means that any one of them can take whatever land it needs for right-of-way. You are, however, entitled to just compensation and damages for what is taken from you. The nature of by-pass highways is such that you will not have direct access to the new highway, so don't count on any access benefit.The law provides that your just compensation and damages, if all of your property is taken, is the fair market value of the property. If only a part of your property is taken, you are entitled to the difference between the value of the property before any was taken and the value of the remainder after part of it was taken. These calculations generally require the assistance of experts in the appraisal field. There are several good appraisers in the Wichita area. Before hiring one, you should inquire into the extent of government work they have done, for some appraisers work almost exclusively for governmental agencies.We are informed that the route of the Northwest Expressway has not yet been finally selected.Ultimately, when this has been determined and funds are available, the city or county or KDOT will appraise the damage to your property and make you an offer of compensation if the highway actually goes through your property. This offer may or may not represent the full compensation to which your are entitled. At that point, you probably ought to consult a lawyer to receive a full explanation of the procedure that will be followed in acquiring your land and the remedies you have in seeking fair compensation.Experience and history shows that the involvement of attorneys is essential in seeking just compensation and damages.The information appearing in this publication is being provided by Fleeson, Gooing, Coulson & Kitch, L.L.C. for informational purposes only and does not constitute legal advice. This information is not intended to create any type of lawyer-client relationship.
