Kansas Statutes Annotated

K.S.A. § 26-509 (2026)

Same; assignment for trial on appeal; attorney fees, when

✓ current as of May 2026

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26-509. Same; assignment for trial on appeal; attorney fees, when. In an action on appeal the court shall assign the case for trial to a jury, or to a master in accordance with K.S.A. 60-253, or acts amendatory thereof or supplemental thereto. Whenever the plaintiff condemner shall appeal the award of court appointed appraisers, and the jury renders a verdict for the landowners in an amount greater than said appraisers' award, the court may allow as court costs an amount to be paid to the landowner's attorney as attorney fees.

History: L. 1963, ch. 234, § 9; L. 1969, ch. 196, § 1; L. 1972, ch. 148, § 1; July 1.

Notes of Decisions

Cited in 12 cases, 1978–2017 · leading case: Bd. of Cnty. Commissioners v. Willard J. Kiser Living Trust, 825 P.2d 130 (Kan. 1992).

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Bd. of Cnty. Commissioners v. Willard J. Kiser Living Trust, 825 P.2d 130 (Kan. 1992). · cites it 26× “The district court awarded Clark attorney fees under K.S.A. 26-509 in an amount equaling 40% of the deficiency judgment, including interest.”

Johnson v. Westhoff Sand Co., 135 P.3d 1127 (Kan. 2006). · cites it 4× “2d 589 (1974), the district court awarded attorney fees under K.S.A. 26-509, a condemnation statute. On appeal, this court reduced a 45% contingent fee agreement to 33% based on the KRPC 1.”

Jones v. Hansen, 867 P.2d 303 (Kan. 1994). · cites it 4× “We entertained the issue of interpreting K.S.”

Herman v. City of Wichita, 612 P.2d 588 (Kan. 1980). · cites it 9× “Thereafter, plaintiffs are entitled to the reasonable attorneys’ fees incurred after said date pursuant to K.S.A. § 26-509. . . . “(6) Plaintiffs are not entitled to any other attorneys’ fees.”

In Re Est. of Robinson, 690 P.2d 1383 (Kan. 1984). · cites it 2× “The award of attorney fees, pursuant to K.S.A. 26-509, was made dependent by the statute upon the successful determination of the action.”

In Re the Est. of Heiman, 241 P.3d 161 (Kan. Ct. App. 2010). “, K.S.A. 26-509 (jury trial in condemnation); K.”

Legislative Coordinating Council v. Stanley, 957 P.2d 379 (Kan. 1998). “23-9313 (under Uniform Interstate Family Support Act, “[attorney fees may be taxed as costs”); K.S.A. 26-509 (in eminent domain proceedings where the jury’s verdict is greater than the appraiser’s award, “the court may allow as court costs an amount to be paid to the landowner’s…”

In Re Cent. Kansas Elec. Coop., Inc., 582 P.2d 228 (Kan. 1978). “Both parties in this case appealed from the court-appointed appraisers’ award.”

United States v. 1,197.29 Acres of Land, 759 F. Supp. 728 (D. Kan. 1991). “Kansas statute allows the discretionary award of attorney fees to the landowners only where the condemnor appeals the award of the court appointed appraisers and the jury returns a verdict for the landowners in an amount greater than the amount of the award.”

Pener v. King (Kan. 2017). “2016 Supp. 26- 507(b). The other occurs when the condemning authority appeals a court-appointed appraiser award to the district court and the jury renders a verdict for the landowner that is greater than the appraiser award.”

Creegan v. State (Kan. 2017). “26-508 ("damages to all interests in the tract"); K.S.A. 26-509 ("landowners"); K.S.A. 26-512 ("upon the land"); K.”

All. Indem. Co. v. Kerns – McAnany (Kan. Ct. App. 2017). “16-1305 (in an action for violating a lawn and garden dealership agreement, the supplier will be liable to the retailer for "the actual costs of the action, including attorney, paralegal and expert witness fees"); K.”

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