Charles Nauheim D/b/a Kansas Fire and Safety Equipment, and Hal G. Richardson D/b/a Bueno Food Brand, Topeka Vinyl…

Summary

The court held that relocation benefits are required for property acquired through negotiation only when the negotiation occurred before condemnation proceedings and condemnation would have followed if negotiations failed. Whether that contextual condition existed is a fact question to be proved by a preponderance of the evidence, and the evidence need not consist specifically of a threat or affirmative step toward condemnation. The court affirmed the Court of Appeals' remand, reversed the district court's judgment, and ordered further proceedings on the disputed factual issue.