Several property owners represented by Denlow & Henry successfully contested and fought an eminent domain condemnation case filed by Kansas City Power & Light (“KCP&L”) in Platte County, Missouri in connection with the Iatan-Nashua transmission project. KCP&L, a public utility, filed its condemnation petition against numerous property owners in Platte County for completion of its Iatan-Nashua project in July 2013.
A condemnation hearing, which determines the legal authority of KCP&L to take property through eminent domain was held on November 4 and November 5, 2013, before Judge Van Amburg of the Platte County Circuit Court. After a day and one-half long hearing, including witnesses from Kansas City Power & Light, the judge ruled on November 14, 2013, that KCP&L did not negotiate in good faith with the property owners.
Under Missouri law, an agency must first meet good faith requirements before a condemnation case can be held. The judge found that KCP&L’s appraisals did not meet proper standards to meet good faith requirements of the law. The condemnation action was dismissed by the court on that basis.