Eminent domain procedure; view of lands by appraisers; hearings, procedure; notice, sufficiency

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). Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents USEFUL LINKS Session Laws Kansas Administrative Regulations OTHER LEGISLATIVE SITES Kansas Legislature Administrative Services Division of Post Audit Research Department Contact Us PDF Help www.ksrevisor.gov 2026