An opinion worth reading from the Missouri Court of Appeals on the relationship between an action in trespass and eminent domain. Sterbenz v. Kansas City Power and Light Co., No. WE71776 (Oct. 5, 2010) discusses the liability of a utility company for the installation of an underground utility line without an easement.
The Sterbenzes discovered that the utility company was installing a conduit on their land and informed the utility that it had no easement to do so. The utility offered to purchase an easement, but the Sterbenzes refused, and filed suit for trespass, among other claims. The utility countered by filing an eminent domain lawsuit against the Sterbenzes to condemn an easement. “The eminent domain action was stayed by agreement pending disposition of the Sterbenzes’ lawsuit. In fact, though not disclosed in the parties’ briefs, the record on appeal indicates that the parties stipulated to be bound by the outcome of the trespass case, such that KCP&L would pay the damages awarded by the jury in exchange for an executed easement from the Sterbenzes, and the eminent domain action would be dismissed.” Slip op. at 3-4 (footnote omitted).
The utility company admitted liability on the trespass claim, and the jury awarded the Sterbenzes $695 for property damage, $500 for costs, $750 punitive damages, and nothing for attorneys fees. The Sterbenzes appealed.