26-507.
Same; payment of award and vesting of rights; removal of personal property; abandonment.
(a)
Payment of award; vesting of rights.
If the plaintiff desires to continue with the proceeding as to particular tracts the plaintiff, within 30 days from the time the appraisers' report is filed, shall pay to the clerk of the district court the amount of the appraisers' award as to those particular tracts and court costs accrued to date, including appraisers' fees. Such payment shall be without prejudice to plaintiff's right to appeal from the appraisers' award. Except as provided further, upon such payment being made, the title, easement or interest appropriated in the land condemned shall thereupon immediately vest in the plaintiff, and it shall be entitled to the immediate possession of the land to the extent necessary for the purpose for which taken and consistent with the title, easement or interest condemned. If such property contains a defendant's personal property, a defendant shall have 14 days from the date such payment is made to the clerk of the district court to remove such personal property from the premises. The plaintiff shall be entitled to all the remedies provided by law for the securing of such possession. The clerk of the district court shall notify the interested parties that the appraisers' award has been paid and that the defendant shall have 14 days from the payment date to remove personal property from the premises.
(b)
Abandonment.
If the plaintiff does not make the payment prescribed in subsection (a) for any of the tracts described in the petition, within 30 days, from the time the appraisers' report is filed, the condemnation is abandoned as to those tracts, and judgment for costs, including the appraisers' fees together with judgment in favor of the defendant for the reasonable expenses incurred in defense of the action, shall be entered against the plaintiff. After such payment is made by the plaintiff to the clerk of the court, as provided in subsection (a), the proceedings as to those tracts for which payment has been made can only be abandoned by the mutual consent of the plaintiff and the parties interested in the award.
History:
L. 1963, ch. 234, § 7; L. 2006, ch. 192, § 12; L. 2010, ch. 135, § 43; July 1.
Notes of Decisions
City of Wichita v. Meyer, 939 P.2d 926 (Kan. 1997).
· cites it 9× “On July 8, 1996, REM filed a motion requesting an award of expenses and reasonable attorney fees under K.S.A. 26-507, asserting abandonment because of the City’s failure to deposit the second award.”
Miller v. Glacier Dev. Co., LLC, 270 P.3d 1065 (Kan. 2011).
· cites it 4× “Procedurally in this case, KDOT paid the amount of the appraisers' award to the clerk of the district court, as required by K.S.A. 2008 Supp. 26-507. Then Glacier exercised its right under K.”
City of Wichita v. B G Prods., Inc., 845 P.2d 649 (Kan. 1993).
· cites it 5× “The City did not pay the amount of the appraisers’ award into the district court within 30 days as required by K.S.A. 26-507(a) and thereby abandoned the condemnation proceedings.”
Miller v. Glacier Dev. Co., LLC, 161 P.3d 730 (Kan. 2007).
· cites it 2× “26-508, which provides: "If the plaintiff, or any defendant, is dissatisfied with the award of the appraisers, such party, within 30 days after the filing of the appraisers' report, may appeal from the award by filing a written notice of appeal with the clerk of the district…”
Miller v. Bartle, 150 P.3d 1282 (Kan. 2007).
“Pursuant to K.S.A. 26-507, the Secretary’s payment of die appraisers’ award to the court immediately vested KDOT with tide to the condemned property.”
Bonanza, Inc. v. Carlson, 9 P.3d 541 (Kan. 2000).
· cites it 3× “On February 23, 1998, the landowners filed a petition in district court, alleging inverse condemnation had occurred because the condemnation proceeding had been abandoned as a result of KDOT’s failure to pay the appraisers’ award within 30 days after the report of the appraisers…”
McAlister v. City of Fairway, 212 P.3d 184 (Kan. 2009).
“26-504; and K.S.A. 2008 Supp. 26-507. These statutes are analogous to the Industrial Revenue Bond Act discussed in Rauh .”
Landau Inv. Co. v. City of Overland Park, 930 P.2d 1065 (Kan. 1997).
· cites it 5× “Within 30 days, the City paid to the clerk of the district court the amount of the appraisers’ award in accord with K.S.A. 26-507. Project plans provided for the construction of a 10 by 5 foot reinforced concrete box and a length of grated riprap upon the permanent drainage…”
Kansas Gas & Elec. Co. v. Winn, 605 P.2d 125 (Kan. 1980).
· cites it 2× “Some difficulty arose in 1978 over possession of the land and KG&E applied to the district court for writs of assistance under K.S.A. 26-507. KG&E sought possession and use of a 320 acre tract, hereafter referred to as the “Winn property,” and of an 80 acre tract, hereafter…”
Nat'l Compressed Steel Corp. v. Unified Gov't of Wyandotte Cnty./Kansas City, 38 P.3d 723 (Kan. 2002).
“tion of National is particularly suitable for operations as a metals recycling facility; (9) the subject property has been utilized for many years as a metals recycling facility; (10) the Unified Government in the eminent domain proceeding believes that it is necessary to do…”
Union Gas Sys., Inc. v. Carnahan, 774 P.2d 962 (Kan. 1989).
“Cross-appellants also disagree with the court and argue the *88 date of taking is controlled by K.S.A. 26-507, which states the interest appropriated in land condemned shall vest in the condemnor, and the condemnor shall be entitled to possession upon payment of the appraisers’…”
— K.S.A. § 26-507(a) — 4 cases
City of Wichita v. Meyer, 939 P.2d 926 (Kan. 1997).
“On July 8, 1996, REM filed a motion requesting an award of expenses and reasonable attorney fees under K.S.A. 26-507, asserting abandonment because of the City’s failure to deposit the second award.”
Landau Inv. Co. v. City of Overland Park, 930 P.2d 1065 (Kan. 1997).
“Within 30 days, the City paid to the clerk of the district court the amount of the appraisers’ award in accord with K.S.A. 26-507. Project plans provided for the construction of a 10 by 5 foot reinforced concrete box and a length of grated riprap upon the permanent drainage…”
City of Wichita v. B G Prods., Inc., 845 P.2d 649 (Kan. 1993).
“The City did not pay the amount of the appraisers’ award into the district court within 30 days as required by K.S.A. 26-507(a) and thereby abandoned the condemnation proceedings.”
— K.S.A. § 26-507(b) — 5 cases
City of Wichita v. B G Prods., Inc., 845 P.2d 649 (Kan. 1993).
“The City did not pay the amount of the appraisers’ award into the district court within 30 days as required by K.S.A. 26-507(a) and thereby abandoned the condemnation proceedings.”
City of Wichita v. Meyer, 939 P.2d 926 (Kan. 1997).
“On July 8, 1996, REM filed a motion requesting an award of expenses and reasonable attorney fees under K.S.A. 26-507, asserting abandonment because of the City’s failure to deposit the second award.”
Nat'l Compressed Steel Corp. v. Unified Gov't of Wyandotte Cnty./Kansas City, 38 P.3d 723 (Kan. 2002).
“tion of National is particularly suitable for operations as a metals recycling facility; (9) the subject property has been utilized for many years as a metals recycling facility; (10) the Unified Government in the eminent domain proceeding believes that it is necessary to do…”
Bonanza, Inc. v. Carlson, 9 P.3d 541 (Kan. 2000).
“On February 23, 1998, the landowners filed a petition in district court, alleging inverse condemnation had occurred because the condemnation proceeding had been abandoned as a result of KDOT’s failure to pay the appraisers’ award within 30 days after the report of the appraisers…”
— K.S.A. § 26-507(h) — 1 case
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