Chapter 26 — EMINENT DOMAIN

26-101. Condemnation by corporations and partnerships. Any corporation having the right of eminent domain and any partnership holding a certificate of convenience issued by the state corporation commission and having the right of eminent domain, shall exercise such right in the m…

26-102. History: R.S. 1923, 26-102; L. 1937, ch. 226, § 1; L. 1953, ch. 200, § 1; Repealed, L. 1963, ch. 234, § 103; January 1, 1964. CASE ANNOTATIONS [Actions Under Procedure Prior to K.S.A. 26-501 through 26-516.] 1. Appeal must be taken within thirty days; otherwise court only…

26-201. Cities; authority to condemn; interest acquired; resolution, notice, ordinance; exercise of power. A city shall have the right to acquire by condemnation any interest in real property, including a fee simple title thereto, but cities shall not have the right to acquire a …

26-202. History: R.S. 1923, 26-202, L. 1937, ch. 227, § 1; L. 1955, ch. 213, § 1; Repealed, L. 1963, ch. 234, § 103; January 1, 1964. Source or prior law: L. 1913, ch. 86, § 2; Revised, 1923. CASE ANNOTATIONS 1. Condemnation proceedings; partial report of commissioners. Lotz v. K…

26-203. History: R.S. 1923, 26-203; Repealed, L. 1963, ch. 234, § 103; January 1, 1964. Source or prior law: L. 1913, ch. 86, § 3; Revised, 1923. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTE…

26-204. Payment of award; time title to vest. When the city treasurer of such city is authorized by the governing body to do so, he shall pay to the clerk of the district court the amount of the award pursuant to K.S.A. 26-507. The title to the lands condemned by any city shall v…

26-205. History: R.S. 1923, 26-205; L. 1937, ch. 228, § 1; L. 1961, ch. 209, § 1; Repealed, L. 1963, ch. 234, § 103; January 1, 1964. Source or prior law: L. 1913, ch. 86, § 5; Revised, 1923. CASE ANNOTATIONS 1. Appeal from partial report of commissioners; jurisdiction of distric…

26-206. History: R.S. 1923, 26-206; L. 1961, ch. 209, § 3; Repealed, L. 1963, ch. 234, § 103; January 1, 1964. Source or prior law: L. 1913, ch. 86, § 6; Revised, 1923. CASE ANNOTATIONS 1. Method of abandoning condemnation proceeding is by resolution. State v. Nelson, 126 Kan. 1,…

26-206a. Application to urban renewal law. The provisions of K.S.A. 26-501 to 26-516, inclusive, shall apply in the acquisition of any property by the exercise of eminent domain under the provisions of article 47 of chapter 17 of the Kansas Statutes Annotated, and acts amendatory…

26-207. History: R.S. 1923, 26-207; Repealed, L. 1963, ch. 234, § 103; January 1, 1964. Source or prior law: L. 1913, ch. 86, § 7; Revised, 1923. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTE…

26-208. Condemnation of land outside city. Where the governing body of any city, or any other board or commission of such city, is authorized to condemn land outside the city limits for the use of such city or any public utility owned by such city, the same proceedings shall be h…

26-209. Assessment of costs in benefit districts. Where property is condemned, the cost of which property or any part thereof is to be assessed against specific property embraced in a benefit district, the governing body or three householders appointed by it, shall assess against…

26-210. Condemnation by board or commission. The foregoing sections relating to the condemnation of land or any easement therein for public purposes in cities are hereby extended to the board of park commissioners or any other board or commission having the power to condemn land …

26-211. Abatement and cancellation of taxes and removal of certain real estate from tax rolls. That all of the real estate described in the preamble to this act condemned by the city of El Dorado under the power of eminent domain, except that portion of the southwest quarter (SW …

[Repealed or reserved.]

[Repealed or reserved.]

26-301. History: L. 1921, ch. 271, § 1; R. S. 1923, 26-301; Repealed, L. 1974, ch. 364, § 40; January 13, 1975. CASE ANNOTATIONS 1. Land of historical interest taken by state is for public use. State, ex rel., v. Kemp, 124 Kan. 716, 261 P. 556. Affirmed: 278 U.S. 192, 49 S. Ct. 1…

26-302. History: L. 1921, ch. 271, § 2; R. S. 1923, 26-302; Repealed, L. 1974, ch. 364, § 40; January 13, 1975. CASE ANNOTATIONS 1. Legislature declared land of historical interest; taken for public use. State, ex rel., v. Kemp, 124 Kan. 716, 261 P. 556. Affirmed: 278 U.S. 192, 4…

26-401. Procedure for taking stones. Whenever in the prosecution of any public works by the state, or in the erection of public buildings under the authority of the state, it shall be necessary to take any stone or stones from any stone quarry for the purpose of erecting such bui…

26-402. Damages paid by contractor. The contractor or contractors for such works shall in all cases pay the damages which shall be assessed. History: L. 1865, ch. 80, § 2; February 22; G.S. 1868, ch. 106, § 2; R.S. 1923, 26-402. Previous | Next LEGISLATIVE COORDINATING COUNCIL Ge…

26-501. Eminent domain procedure; venue. (a) The procedure for exercising eminent domain, as set forth in K.S.A. 26-501 through 26-518 and K.S.A. 26-501a and 26-501b, and amendments thereto, shall be followed in all eminent domain proceedings. (b) The proceedings shall be brought…

26-501a. Eminent domain; limited to public use; transfer to private entity prohibited; exception. On and after July 1, 2007: (a) Private property shall not be taken by eminent domain except for public use and private property shall not be taken without just compensation. (b) The …

26-501b. Eminent domain; transfer to private entity authorized, when. On and after July 1, 2007, the taking of private property by eminent domain for the purpose of selling, leasing, or otherwise transferring such property to any private entity is authorized if the taking is: (a)…

26-502. Contents of petition. A petition shall include allegations of (1) the authority for and the purpose of the taking; (2) a description of each lot, parcel or tract of land and the nature of the interest to be taken; (3) insofar as their interests are to be taken (a) the nam…

26-503. Eminent domain procedure; notice. The plaintiff shall cause to be published once in a newspaper of general circulation in the county where the lands are situated a notice of the proceeding at least 14 days in advance of the date fixed by the court for consideration of the…

26-504. Same; findings; order appointing appraisers; duties; appeals to supreme court, when. If the judge to whom the proceeding has been assigned finds from the petition: (1) The plaintiff has the power of eminent domain; and (2) the taking is necessary to the lawful corporate p…

26-505. Same; appraisers' oath, instructions, reports and notification to condemner; notice to interested persons by condemner; fees and expenses. After such appointment, the appraisers shall take an oath to faithfully discharge their duties as appraisers. The judge shall instruc…

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 actu…

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' r…

26-508. Appeal from award; notice to parties affected; perfection of appeal; retroactive application. (a) 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 t…

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 sha…

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 or…

26-511. Interest on final judgment. (a) If the compensation finally awarded on appeal exceeds the amount of money paid to the clerk of the court pursuant to K.S.A. 26-507, the judge shall enter judgment against the plaintiff for the amount of the deficiency, with interest. If the…

26-512. Same; making surveys and location. The prospective condemner or its agents may enter upon the land and make examinations, surveys and maps thereof, and such entry shall constitute no cause of action in favor of the owners of the land, except for actual damages thereto. Hi…

26-513. Same; compensation required for taking and damage; determination. (a) Necessity. Private property shall not be taken or damaged for public use without just compensation. (b) Taking entire tract. If the entire tract of land or interest in such land is taken, the measure of…

26-514. Fixing of benefit districts and levying of special tax assessments no part of eminent domain procedure. In all cases where costs of the improvement are to be paid for, in whole or in part, by fixing benefit districts or by means of apportionment of benefits on all propert…

26-515. Same; proceedings pending prior to effective date of this act; invalidity of part. All proceedings or actions under any power of eminent domain pending at the time of the effective date of this act shall be completed in conformity with the laws in effect prior to such dat…

26-516. Same; citation of act. This act may be cited as the "eminent domain procedure act." History: L. 1963, ch. 234, § 16; January 1, 1964. CASE ANNOTATIONS 1. Mentioned in upholding eminent domain proceeding by telephone company; injunctive relief denied. Schuck v. Rural Telep…

26-517. Dispute among parties as to division of award or amount of judgment; determination by court. In any action involving the condemnation of real property in which there is a dispute among the parties in interest as to the division of the amount of the appraisers' award or th…

26-518. Acquisition of real property; duties of condemning authority. Whenever federal funding is not involved, and real property is acquired by any condemning authority through negotiation in advance of a condemnation action or through a condemnation action, and which acquisitio…

26-519. Severability. The provisions of K.S.A. 12-1773, 19-101a, 26-501, 26-505 and 26-507 and K.S.A. 26-501a and 26-501b are expressly declared to be nonseverable. If any provision of K.S.A. 12-1773, 19-101a, 26-501, 26-501a, 26-501b, 26-505 and 26-507 is held to be invalid or u…

26-601. Limitations on right of eminent domain by Cowley county. Cowley county may not exercise the right of eminent domain to appropriate any land or site for which at least one of the purposes is a recreational-use purpose or if such county exercises the right of eminent domain…