The Supreme Court of Kansas was asked to determine whether a billboard structure was personal property or a “trade fixture” for the purposes of valuing the taking in an eminent domain case. The court was also asked to decide if the advertising income generated by billboard structure was to be included in determining just compensation due to the lessee. 

During the eminent domain proceedings, the district court appointed three appraisers to determine the appropriate compensation for the interests, and eventually entered an award of $1,075,600 as compensation for the taking. 

The lessee appealed the award and the Supreme Court of Kansas affirmed the trial court, saying the lessee’s billboard structure was personal property that had not become part of the realty, and, thus, lessee was not entitled to compensation for the structure, and that the advertising income generated by the billboard structure was not to be included in determining just compensation due to lessee.