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Kansas Statutes Annotated

K.S.A. § 26-510 (2026)

Appeal from award; notice; withdrawal of payment

✓ current as of May 2026
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26-510. Appeal from award; notice; withdrawal of payment. (a) The clerk of the district court shall notify the defendants within 14 days that the plaintiff has paid the amount of the appraisers' award pursuant to K.S.A. 26-507, and amendments thereto.

(b) The defendants may by order of the judge and without prejudice to the defendants' right of appeal withdraw the amount paid to the clerk of the court as the defendants' interests are determined by the appraisers' report.

History: L. 1963, ch. 234, § 10; L. 1989, ch. 112, § 1; L. 2010, ch. 135, § 45; July 1.

CASE ANNOTATIONS

1. Property owners not required to hold excess eminent domain award in trust for city. In Re Taylor, 197 B.R. 909, 911 (1996).

2. City's judgment reducing eminent domain payment to homeowner properly discharged in bankruptcy. City of Kansas City, Kan. v. Taylor, 213 B.R. 21, 22 (1997).

3. If the appraiser's award is withdrawn from the clerk by the court order, the distributor of the award shall be subject to the condemnor's judgment for the return of the difference between the appraiser's award and the final award on appeal. Miller v. Glacier Development Co., 293 Kan. 665, 270 P.3d 1065 (2011).


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Notes of Decisions
Cited in 4 cases, 1996–2011 · leading case: Miller v. Glacier Dev. Co., LLC, 270 P.3d 1065 (Kan. 2011).
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Miller v. Glacier Dev. Co., LLC, 270 P.3d 1065 (Kan. 2011). · cites it 6× “Then Glacier exercised its right under K.S.A. 26-510(b), which provides: "The defendants may by order of the judge and without prejudice to their right of appeal withdraw the amount paid to the clerk of the court as their interests are determined by the appraisers' report.”
Gen. Bldg. Contractors, L.L.C. v. Bd. of Shawnee Cnty. Commissioners, 66 P.3d 873 (Kan. 2003). · cites it 2× “This amount was ordered withdrawn as allowed by K.S.A. 26-510 on June 18, 2002, without prejudice to GBC and Tolbert’s right of appeal.”
City of Kansas v. Taylor, 213 B.R. 21 (D. Kan. 1997). · cites it 4× “Thereafter, the Tay-lors — as authorized by K.S.A. § 26-510— withdrew the funds. K.S.”
City of Kansas City v. Taylor (In re Taylor), 197 B.R. 909 (Bankr. D. Kan. 1996). · cites it 4× “The Taylors then applied for the funds under K.S.A. § 26-510(b) and the court ordered its clerk to pay them the $26,200.”
— K.S.A. § 26-510(b) — 4 cases
Miller v. Glacier Dev. Co., LLC, 270 P.3d 1065 (Kan. 2011). “Then Glacier exercised its right under K.S.A. 26-510(b), which provides: "The defendants may by order of the judge and without prejudice to their right of appeal withdraw the amount paid to the clerk of the court as their interests are determined by the appraisers' report.”
Gen. Bldg. Contractors, L.L.C. v. Bd. of Shawnee Cnty. Commissioners, 66 P.3d 873 (Kan. 2003). “This amount was ordered withdrawn as allowed by K.S.A. 26-510 on June 18, 2002, without prejudice to GBC and Tolbert’s right of appeal.”
City of Kansas City v. Taylor (In re Taylor), 197 B.R. 909 (Bankr. D. Kan. 1996). “The Taylors then applied for the funds under K.S.A. § 26-510(b) and the court ordered its clerk to pay them the $26,200.”
City of Kansas v. Taylor, 213 B.R. 21 (D. Kan. 1997). “Thereafter, the Tay-lors — as authorized by K.S.A. § 26-510— withdrew the funds. K.S.”
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