26-506.
Eminent domain procedure; view of lands by appraisers; hearings, procedure; notice, sufficiency.
(a)
Notice, time, place and manner of hearing.
The appraisers shall, after having been sworn, and instructed by the judge, make an appraisal and assessment of damages, by actual view of the lands to be taken and of the tracts of which the lands are a part, and by hearing of oral or written testimony from the plaintiff and each interested party as named in K.S.A. 26-502, and amendments thereto, appearing in person or by an attorney. Such testimony shall be given at a public hearing held in the county where the action is pending at a time and place fixed by the appraisers. Notice of the hearing shall be mailed at least 14 days in advance thereof to the plaintiff and to each party named in the petition if their address is known or can with reasonable diligence be ascertained, and by one publication in a newspaper of general circulation in each county where the lands are situated at least 14 days in advance of the hearing. In case of failure to meet on the day designated in the notice, the appraisers may meet on the following day without further notice. In case of failure to meet on either of such days, a new notice shall be required. A hearing begun pursuant to proper notice may be continued or adjourned from day to day and from place to place until the hearing with respect to all properties involved in the action has been concluded.
(b)
Form of notice.
The notice of hearing shall be deemed sufficient if in substantial compliance with the form set forth by the judicial council.
History:
L. 1963, ch. 234, § 6; L. 2003, ch. 106, § 1; L. 2006, ch. 62, § 6; L. 2010, ch. 135, § 42; July 1.
CASE ANNOTATIONS
1. Duty of condemner to ascertain parties. Dotson v. State Highway Commission, 198 Kan. 671, 674, 426 P.2d 138.
2. Date fixed by judge for filing appraiser's report is date from which appeal time computed, regardless of when report is delivered. Urban Renewal Agency v. Reed, 211 Kan. 705, 706, 708, 508 P.2d 1227.
3. Constructive notice provisions complied with; effect of actual notice. Unified School District v. Turk, 219 Kan. 655, 659, 549 P.2d 882.
4. Appraisers' report included tracts and record owners not listed in petition; petition and notice defects impaired substantial rights. City of Wichita v. Meyer, 262 Kan. 534, 545, 939 P.2d 926 (1997).
5. Additional evidence may be taken upon appeal from appraisers' award. Frick v. City of Salina, 289 Kan. 1, 208 P.3d 739 (2009).
State v. Martinez, 236 P.3d 481 (Kan. 2010). · cites it 2ד19-4712 (notice to appear is deemed sufficient if it substantially complies with form); K.S.A. 2009 Supp. 26-506(b) (notice of hearing is deemed sufficient if it substantially complies with form); K.”
Ben J. v. City of Salina, 208 P.3d 739 (Kan. 2009). · cites it 2ד26-504), and instructs them, among other things, that "they are officers of the court and not representatives of the plaintiff or any other party.”
City of Mission Hills v. Sexton, 160 P.3d 812 (Kan. 2007). “26-505; K.S.A. 2006 Supp. 26-506. The appraisers’ report identifies the interest taken and the damages resulting from the taking.”
City of Shawnee v. Webb, 694 P.2d 896 (Kan. 1985). · cites it 2ד“We therefore hold that for the purpose of computing the parties’ appeal time the filing of the appraisers’ report under K.S.”
City of Wichita v. Meyer, 939 P.2d 926 (Kan. 1997). “Although it is conceivable that a condemnation petition might include tracts excluded from the appraisers’ report (if the City decided not to pursue condemnation of certain tracts initially thought to be needed), K.S.A. 26-506 does not allow the appraisers’ report to include…”
Landau Inv. Co. v. City of Overland Park, 930 P.2d 1065 (Kan. 1997). “” K.S.A. 26-506(a). *400 Within 30 days from the time the appraisers’ report is filed, if the condemnor desires to continue with the proceedings, the condemnor shall pay into the clerk of the district court the amount of the appraisers’ award as to those particular tracts and…”
Creegan v. State (Kan. 2017). · cites it 2ד26-505(4), (5) ("land taken and damages resulting from such taking," "subject real estate"); K.S.A. 2016 Supp. 26-506 ("lands . . . tracts of which the lands are a part"); K.”
— K.S.A. § 26-506(a) — 1 case
Landau Inv. Co. v. City of Overland Park, 930 P.2d 1065 (Kan. 1997). “” K.S.A. 26-506(a). *400 Within 30 days from the time the appraisers’ report is filed, if the condemnor desires to continue with the proceedings, the condemnor shall pay into the clerk of the district court the amount of the appraisers’ award as to those particular tracts and…”
— K.S.A. § 26-506(b) — 1 case
State v. Martinez, 236 P.3d 481 (Kan. 2010). “19-4712 (notice to appear is deemed sufficient if it substantially complies with form); K.S.A. 2009 Supp. 26-506(b) (notice of hearing is deemed sufficient if it substantially complies with form); K.”
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