(concurring specially).
I concur with the holding of the majority but I write separately to comment on the county’s claim for damages in this case.
I agree that the law allows the district court to award damages in excess of the supersedeas bonds. But importantly, the court is not required to do so. And I share the district court’s concern that the county is claiming a damage amount that both greatly exceeds the total of the super-sedeas bonds it requested, and is many times the value of the temporary easement.
As stated by the majority, in making its award of damages it is within the district court’s discretion to determine both the reasonable foreseeability of the claimed damages and the county’s efforts to mitigate its damages.