reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 25 - Elections › Article 47 - Help America Vote Act Of 2002 Administrative Complaint Act › 25-4709 Hearing; notice; dismissal without hearing.

25-4709. Hearing; notice; dismissal without hearing.
(a) Except as provided in subsection (c), if requested by the complainant, the secretary of state shall conduct a hearing on the record to review the complaint. The secretary of state or other person designated by the secretary of state shall serve as the hearing officer.
(b) The hearing shall be conducted no later than 30 days after the secretary of state receives the complaint. The secretary of state shall give at least five days advance notice of the date, time, and place of the hearing to the complainant and each named respondent.
(c) After reviewing a complaint and giving all inferences to the complainant, the secretary of state, after consultation on such complaint with the attorney general, may dismiss the complaint without a hearing if the complaint fails to allege facts that assert a violation of title III.
History:
L. 2004, ch. 25, § 25; L. 2023, ch. 79, § 63; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 47 - Help America Vote Act Of 2002 Administrative Complaint Act › 25-4710 Hearing procedure; official notice.

25-4710.
Hearing procedure; official notice.
(a) To the extent necessary for full disclosure of all relevant facts and issues, the hearing officer shall afford all parties the opportunity to respond, present evidence and argument, and shall not be bound by the technical rules of evidence; provided, the hearing officer may place reasonable limits on the length of the hearing.
(b) The hearing officer may at such hearing officer's discretion give any nonparty an opportunity to present oral or written statements.
(c) All testimony of each party and witness shall be made under oath or affirmation and the hearing officer shall have the power to administer an oath or affirmation for that purpose.
(d) Any part of the evidence may be received in written form if doing so will expedite the hearing without substantial prejudice to the interests of any party.
(e) Official notice may be taken of:
(1) Any matter that could be judicially noticed in the courts of this state;
(2) the record of other proceedings before the secretary of state;
(3) any technical matter within the secretary of state's specialized knowledge; and
(4) any code of standards that have been adopted by:
(A) An agency of the United States;
(B) an agency of this state or of another state; or
(C) a nationally recognized organization or association.
(f) The hearing officer may conduct all or part of the hearing by telephone or other electronic means, if each participant in the hearing has an opportunity to participate in the entire proceeding.
(g) The hearing shall be recorded at the secretary of state's expense. The secretary of state is not required to prepare a transcript at its expense. Any party may request, at the party's expense, that the secretary of state prepare a transcript from the record, or cause additional recordings to be made during the hearing. If a transcript is produced, the secretary of state shall include a copy in the official record.
(h) Except for any part of the hearing that the hearing officer rules to be closed pursuant to a provision of law expressly authorizing such closure, the hearing shall be open to the public.
History:
L. 2004, ch. 25, § 26; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 47 - Help America Vote Act Of 2002 Administrative Complaint Act › 25-4711 Informal and pre-hearing conferences.

25-4711.
Informal and pre-hearing conferences.
(a) The secretary of state may conduct an informal conference to resolve the filed complaint, if both the complainant and respondent have an opportunity to participate in the proceeding.
(b) The secretary of state may conduct a pre-hearing conference to organize issues and procedures to promote an orderly and prompt hearing.
(c) The secretary of state shall give advance notice to the complainant and respondent of the date, time, and place of any conference.
History:
L. 2004, ch. 25, § 27; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 47 - Help America Vote Act Of 2002 Administrative Complaint Act › 25-4712 Subpoenas.

25-4712.
Subpoenas.
Subpoenas. The secretary of state may issue subpoenas for a witness or any material that is relevant to the administration of this act. The secretary of state may issue subpoenas to compel the attendance of witnesses and/or production of books, documents and records anywhere in the state in any hearing held under the provisions of this act.
History:
L. 2004, ch. 25, § 28; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 47 - Help America Vote Act Of 2002 Administrative Complaint Act › 25-4713 Determination.

25-4713.
Determination.
(a) If there has been no hearing, the secretary of state shall review the record and determine whether a violation of title III has been established by a preponderance of evidence. Pursuant to paragraph (3) of subsection (c) of K.S.A. 77-603, the determination of the secretary of state shall be final and shall not be subject to appeal pursuant to the Kansas judicial review act.
(b) At the conclusion of any hearing, the secretary of state shall determine whether a violation of title III has been established by a preponderance of evidence. The determination of the secretary of state shall be final and shall not be subject to the Kansas judicial review act.
(c) If the complaint is not timely filed or if the secretary of state determines that a violation has not occurred or that there is insufficient evidence to establish a violation, the secretary of state shall dismiss the complaint.
(d) The secretary of state shall explain in a written decision the reasons for the determination and for any remedy selected.
(e) Except as specified in K.S.A. 25-4715, and amendments thereto, unless the complainant consents in writing to an extension of time, the final determination of the secretary of state shall be issued within 90 days after the complaint is filed. The final determination shall be mailed to the complainant and each respondent and published on the secretary of state website.
(f) If the secretary of state cannot make a final determination within 90 days after the complaint was filed, or within any extension to which the complainant consents, the complaint shall be referred for final resolution under K.S.A. 25-4715, and amendments thereto. The record compiled pursuant to K.S.A. 25-4708, and amendments thereto, shall be made available for use under K.S.A. 25-4715, and amendments thereto.
History:
L. 2004, ch. 25, § 29; L. 2010, ch. 17, § 42; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 47 - Help America Vote Act Of 2002 Administrative Complaint Act › 25-4714 Remedies.

25-4714.
Remedies.
(a) Upon the finding of a violation, the secretary of state shall provide an appropriate remedy to resolve the grievance. The remedy may include:
(1) An order to any respondent commanding the respondent to take specified action, or prohibiting the respondent from taking specified action;
(2) An order directing the respondent or any of respondent's employees or agents to obtain additional training or education to prevent future violations;
(3) Any other remedy as deemed appropriate by the secretary of state to prevent or remedy the violation or future violations.
(b) The secretary of state may order either party to pay the costs of the hearing, based upon a finding by the secretary of state that such party's actions were egregious, frivolous, harassing, or were for an improper purpose.
History:
L. 2004, ch. 25, § 30; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 47 - Help America Vote Act Of 2002 Administrative Complaint Act › 25-4715 Appointment of arbitrator; when.

25-4715.
Appointment of arbitrator; when.
(a) If the secretary of state does not render a final determination within 90 days after the complaint is filed, or within any extension to which the complainant consents, the complaint shall be resolved under this section.
(b) Within five days after a final determination was due, the secretary of state shall designate the name of an arbitrator to resolve the complaint. The designation shall be in writing and provided to both the complainant and respondent.
(c) The arbitrator may review the record compiled in connection with the complaint, including the tape recording or any transcript of a hearing and any briefs or memoranda, but shall not receive additional testimony or evidence.
(d) The arbitrator shall issue a written resolution within 10 days after the secretary of state's determination was due. The final resolution of the arbitrator shall be mailed to the secretary of state, the complainant, and each respondent, and published on the secretary of state website. Pursuant to paragraph (3) of subsection (c) of K.S.A. 77-603, and amendments thereto, the determination of the arbitrator under this section shall be final and shall not be subject to review under the Kansas judicial review act.
History:
L. 2004, ch. 25, § 31; L. 2010, ch. 17, § 43; July 1.
2023 Kansas Statutes › Chapter 26 - Eminent Domain › Article 1 - General Condemnation Law › 26-101 Condemnation by corporations and partnerships.

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 manner set forth in K.S.A. 26-501 to 26-516, inclusive.
History:
R.S. 1923, 26-101; L. 1935, ch. 179, § 1; L. 1947, ch. 183, § 2; L. 1949, ch. 258, § 1; L. 1963, ch. 234, § 70; January 1, 1964.
2023 Kansas Statutes › Chapter 26 - Eminent Domain › Article 2 - Condemnation In Cities › 26-201 Cities; authority to condemn; interest acquired; resolution, notice, ordinance; exercise of power.

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 fee simple title to property condemned solely for street purposes. Whenever it shall be deemed necessary by the governing body of any city to appropriate private property for the use of the city for any purpose whatsoever, the governing body shall by resolution declare such necessity and authorize a survey and description of the land or interest to be condemned to be made by a licensed land surveyor or a professional engineer who is competent to conduct a land survey and filed with the city clerk. Such resolution shall be published once in the official city newspaper. Upon the filing of the survey and description of the land or interest to be condemned the governing body shall by ordinance authorize and provide for the acquisition of such land or interest, setting forth such condemnation, the interest to be taken and for what purpose the same is to be used. If in the opinion of the governing body any property is specially benefited by the proposed improvement such property shall be designated as the benefit district and the same shall be fixed by the ordinance authorizing and providing for the acquisition of the land or interest. The governing body, as soon as practicable after passage of the ordinance authorizing and providing for the appropriation of such land or interest and the fixing of the benefit district, if any is fixed, shall proceed to exercise the power of eminent domain in accordance with the eminent domain procedure act.
History:
R.S. 1923, 26-201; L. 1963, ch. 234, § 71; L. 1967, ch. 211, § 1; L. 1972, ch. 147, § 1; L. 2006, ch. 192, § 10; July 1.
2023 Kansas Statutes › Chapter 26 - Eminent Domain › Article 2 - Condemnation In Cities › 26-204 Payment of award; time title to vest.

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 vest in such city at the time provided in K.S.A. 26-507.
History:
R.S. 1923, 26-204; L. 1961, ch. 208, § 1; L. 1961, ch. 209, § 2; L. 1963, ch. 234, § 72; L. 1967, ch. 211, § 2; July 1.
2023 Kansas Statutes › Chapter 26 - Eminent Domain › Article 2 - Condemnation In Cities › 26-206a Application to urban renewal law.

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 thereof or supplemental thereto, by any city, municipality, agency, public body or quasi-public body.
History:
L. 1961, ch. 209, § 4; L. 1963, ch. 234, § 73; January 1, 1964.
2023 Kansas Statutes › Chapter 26 - Eminent Domain › Article 2 - Condemnation In Cities › 26-208 Condemnation of land outside city.

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 had as though such land were located within such city, so far as the procedure relating to cities shall be applicable.
History:
R.S. 1923, 26-208; December 27.
2023 Kansas Statutes › Chapter 26 - Eminent Domain › Article 2 - Condemnation In Cities › 26-209 Assessment of costs in benefit districts.

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 the city the amount of the benefit to the public generally and shall assess the remainder of the cost of such condemnation against the specific property embraced in said benefit district, and the same shall be levied and collected as a special assessment, in addition to other taxes and assessments, and shall be certified by the city clerk to the county clerk, to be placed on the tax rolls for collection, subject to the same penalties and collected in like manner as other taxes.
History:
R.S. 1923, 26-209; L. 1963, ch. 234, § 74; January 1, 1964.
2023 Kansas Statutes › Chapter 26 - Eminent Domain › Article 2 - Condemnation In Cities › 26-210 Condemnation by board or commission.

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 in cities for public purposes, and in such cases the duties devolving upon and the powers conferred upon the governing body shall devolve upon and be exercised by the board or commission authorized to condemn private property for public uses, so far as the same shall be applicable.
History:
R.S. 1923, 26-210; December 27.
2023 Kansas Statutes › Chapter 26 - Eminent Domain › Article 2 - Condemnation In Cities › 26-211 Abatement and cancellation of taxes and removal of certain real estate from tax rolls.

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 (SW1/4) of section 21, township 25, range 6 last described in said preamble which was sold by said city, shall be stricken from the tax roll by the county clerk of the county in which said real estate is situated and all delinquent and all future taxes levied against said condemned and city-owned real estate shall be abated, canceled and stricken from the tax rolls, and the county clerk and the county treasurer of such county shall correct their records to conform thereto and the county clerk shall notify the taxing authorities of any district in which such real estate, or any part thereof, is situated of such corrections.
History:
L. 1955, ch. 434, § 1; June 30.
2023 Kansas Statutes › Chapter 26 - Eminent Domain › Article 4 - Stone Quarries › 26-401 Procedure for taking stones.

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 building, the same may be taken and appropriated in the same manner as is provided by K.S.A. 26-501 to 26-516, inclusive.
History:
L. 1865, ch. 80, § 1; G.S. 1868, ch. 106, § 1; R.S. 1923, 26-401; L. 1963, ch. 234, § 75; January 1, 1964.
2023 Kansas Statutes › Chapter 26 - Eminent Domain › Article 4 - Stone Quarries › 26-402 Damages paid by contractor.

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.
2023 Kansas Statutes › Chapter 26 - Eminent Domain › Article 5 - Procedure Act › 26-501 Eminent domain procedure; venue.

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 by filing a verified petition in the district court of the county in which the real estate is situated, except if it be an entire tract situated in two or more counties, the proceedings may be brought in any county in which any tract or parts thereof is situated.
(c) For the purposes of the eminent domain procedure act, unless the context clearly indicates a different meaning, the following terms shall have the following respective meanings:
(1) "Municipality" means city, county or unified government.
(2) "Taking" means the use by any authorized entity of the power of eminent domain to acquire any interest in private real property.
History: L. 1963, ch. 234, § 1; L. 2006, ch. 192, § 5; July 1, 2007.
2023 Kansas Statutes › Chapter 26 - Eminent Domain › Article 5 - Procedure Act › 26-501a Eminent domain; limited to public use; transfer to private entity prohibited; exception.

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 taking of private property by eminent domain for the purpose of selling, leasing or otherwise transferring such property to any private entity is prohibited except as provided in K.S.A. 26-501b, and amendments thereto.
(c) This section shall be part of and supplemental to the eminent domain procedure act.
History:
L. 2006, ch. 192, § 1; May 25.
2023 Kansas Statutes › Chapter 26 - Eminent Domain › Article 5 - Procedure Act › 26-501b Eminent domain; transfer to private entity authorized, when.

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) By the Kansas department of transportation or a municipality and the property is deemed excess real property that was taken lawfully and incidental to the acquisition of right-of-way for a public road, bridge or public improvement project including, but not limited to a public building, park, recreation facility, water supply project, wastewater and waste disposal project, storm water project and flood control and drainage project;
(b) by any public utility, as defined in K.S.A. 66-104, and amendments thereto, gas gathering service, as defined in K.S.A. 55-1,101, and amendments thereto, pipe-line companies, railroads and all persons and associations of persons, whether incorporated or not, operating such agencies for public use in the conveyance of persons or property within this state, but only to the extent such property is used for the operation of facilities necessary for the provision of services;
(c) by any municipality when the private property owner has acquiesced in writing to the taking;
(d) by any municipality for the purpose of acquiring property which has defective or unusual conditions of title including, but not limited to, clouded or defective title or unknown ownership interests in the property;
(e) by any municipality for the purpose of acquiring property which is unsafe for occupation by humans under the building codes of the jurisdiction where the structure is situated;
(f) expressly authorized by the legislature on or after July 1, 2007, by enactment of law that identifies the specific tract or tracts to be taken. If the legislature authorizes eminent domain for private economic development purposes, the legislature shall consider requiring compensation of at least 200% of fair market value to property owners.
(g) This section shall be part of and supplemental to the eminent domain procedure act.
History:
L. 2006, ch. 192, § 2; May 25.
2023 Kansas Statutes › Chapter 26 - Eminent Domain › Article 5 - Procedure Act › 26-502 Contents of petition.

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 name of any owner and all lienholders of record, and (b) the name of any party in possession. Such petition shall be verified by affidavit. Upon the filing of such petition the court by order shall fix the time when the same will be taken up. No defect in form which does not impair substantial rights of the parties shall invalidate any proceeding.
History:
L. 1963, ch. 234, § 2; January 1, 1964.
2023 Kansas Statutes › Chapter 26 - Eminent Domain › Article 5 - Procedure Act › 26-503 Eminent domain procedure; notice.

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 petition and appointment of appraisers, and shall at least 14 days before such date mail to each interested party as named in K.S.A. 26-502, and amendments thereto, and whose address is known or can with reasonable diligence be ascertained a copy of such publication notice and petition insofar as it relates to his interest. No defect in any notice or in the service thereof shall invalidate any proceedings.
History:
L. 1963, ch. 234, § 3; L. 1969, ch. 195, § 1; L. 2010, ch. 135, § 40; July 1.
2023 Kansas Statutes › Chapter 26 - Eminent Domain › Article 5 - Procedure Act › 26-504 Same; findings; order appointing appraisers; duties; appeals to supreme court, when.

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 purposes of the plaintiff, the judge shall entertain suggestions from any party in interest relating to the appointment of appraisers and the judge shall enter an order appointing three disinterested residents of the county in which the petition is filed, at least two of the three of whom shall have experience in the valuation of real estate, to view and appraise the value of the lots and parcels of land found to be necessary, and to determine the damages and compensation to the interested parties resulting from the taking. Such order shall also fix the time for the filing of the appraisers' report at a time not later than 45 days after the entry of such order except for good cause shown, the court may extend the time for filing by a subsequent order. The granting of an order determining that the plaintiff has the power of eminent domain and that the taking is necessary to the lawful corporate purposes of the plaintiff shall not be considered a final order for the purpose of appeal to the supreme court, but an order denying the petition shall be considered such a final order.
Appeals to the supreme court may be taken from any final order under the provisions of this act. Such appeals shall be prosecuted in like manner as other appeals and shall take precedence over other cases, except cases of a like character and other cases in which preference is granted by statute.
History:
L. 1963, ch. 234, § 4; L. 1999, ch. 111, § 1; L. 2004, ch. 110, § 6; July 1.
2023 Kansas Statutes › Chapter 26 - Eminent Domain › Article 5 - Procedure Act › 26-505 Same; appraisers' oath, instructions, reports and notification to condemner; notice to interested persons by condemner; fees and expenses.

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 instruct the appraisers on matters including, but not limited to, the following: (1) That the appraisers are officers of the court and not representatives of the plaintiff or any other party; (2) that the appraisers are to receive instructions only from the judge; (3) the nature of the appraisers' duties and authority; (4) the basis, manner and measure of ascertaining the value of the land taken and damages resulting from such taking; (5) that, except for incidental contact for the purpose of verifying factual information relating to the subject real estate or to discuss scheduling matters, appraisers shall refrain from any ex parte meetings or discussions with representatives of the plaintiff or property owner without first advising the adverse party and providing such party with the opportunity to be present; and (6) that all written material provided to an appraiser or appraisers by a party shall be provided forthwith to the adverse party. The instructions shall be in writing. Upon the completion of the appraisers' work the appraisers shall file the report in the office of the clerk of the district court and shall notify the condemner of such filing. The condemner, within seven days after receiving such notice, shall mail a written notice of the filing of such report to every person who owns any interest in any of the property being taken, if the address of such person is known, and shall file in the office of the clerk of the district court an affidavit showing proof of the mailing of such notice. The fees and expenses of the appraisers shall be determined and assessed by the court against the plaintiff.
History:
L. 1963, ch. 234, § 5; L. 1968, ch. 138, § 1; L. 1999, ch. 111, § 2; L. 2006, ch. 192, § 6; L. 2010, ch. 135, § 41; July 1.
2023 Kansas Statutes › Chapter 26 - Eminent Domain › Article 5 - Procedure Act › 26-506 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.
2023 Kansas Statutes › Chapter 26 - Eminent Domain › Article 5 - Procedure Act › 26-507 Same; payment of award and vesting of rights; removal of personal property; abandonment.

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.
2023 Kansas Statutes › Chapter 26 - Eminent Domain › Article 5 - Procedure Act › 26-508 Appeal from award; notice to parties affected; perfection of appeal; retroactive application.

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 the award by filing a written notice of appeal with the clerk of the district court. The appeal shall be deemed perfected upon the filing of the notice of appeal. In the event any parties shall perfect an appeal, copies of such notice of appeal shall be mailed to all parties affected by such appeal, within seven days after the date of the perfection thereof. An appeal by the plaintiff or any defendant shall bring the issue of damages to all interests in the tract before the court for trial de novo. The appeal shall be docketed as a new civil action, the docket fee of a new court action shall be collected and the appeal shall be tried as any other civil action. The only issue to be determined therein shall be the compensation required by K.S.A. 26-513, and amendments thereto.
(b) This section, as amended by this act, shall be construed and applied prospectively, as well as retroactively to July 1, 2003, and shall apply to all eminent domain proceedings pending on or commenced after July 1, 2003.
History:
L. 1963, ch. 234, § 8; L. 1968, ch. 138, § 2; L. 2003, ch. 106, § 2; L. 2006, ch. 192, § 13; L. 2010, ch. 135, § 44; July 1.
2023 Kansas Statutes › Chapter 26 - Eminent Domain › Article 5 - Procedure Act › 26-509 Same; assignment for trial on appeal; attorney fees, when.

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.
2023 Kansas Statutes › Chapter 26 - Eminent Domain › Article 5 - Procedure Act › 26-510 Appeal from award; notice; withdrawal of payment.

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.
2023 Kansas Statutes › Chapter 26 - Eminent Domain › Article 5 - Procedure Act › 26-511 Interest on final judgment.

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 compensation finally awarded on appeal is less than the amount paid to the clerk of the court pursuant to K.S.A. 26-507, the judge shall enter judgment in favor of the plaintiff for the return of the difference, with interest.
(b) If the money paid to the clerk of the court under K.S.A. 26-507 is paid before July 1, 1982, the judgment shall bear interest as follows:
(1) On and after the date of the payment to the clerk and before July 1, 1982, at the rate of 6% per annum; and
(2) on and after July 1, 1982, and until the date the judgment is paid, at the rate provided by K.S.A. 16-204, and amendments thereto.
(c) If the money paid to the clerk of the court under K.S.A. 26-507 is paid on or after July 1, 1982, the judgment shall bear interest, on and after the date of the payment to the clerk and until the date the judgment is paid, at the rate provided by K.S.A. 16-204, and amendments thereto.
History:
L. 1963, ch. 234, § 11; L. 1982, ch. 88, § 2; July 1.
2023 Kansas Statutes › Chapter 26 - Eminent Domain › Article 5 - Procedure Act › 26-512 Same; making surveys and location.

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.
History:
L. 1963, ch. 234, § 12; January 1, 1964.
2023 Kansas Statutes › Chapter 26 - Eminent Domain › Article 5 - Procedure Act › 26-514 Fixing of benefit districts and levying of special tax assessments no part of eminent domain procedure.

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 property benefited, the assessments shall be levied and collected as the statutes now authorize, or may hereafter authorize the assessment, levy and collection of the expense of public improvements, but such special assessments shall not be any part of the condemnation proceedings.
History:
L. 1963, ch. 234, § 14; January 1, 1964.
2023 Kansas Statutes › Chapter 26 - Eminent Domain › Article 5 - Procedure Act › 26-515 Same; proceedings pending prior to effective date of this act; invalidity of part.

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 date.
If any part or parts of this act shall be held unconstitutional, such unconstitutionality shall not affect the validity of the remaining parts of this act. The legislature hereby declares that it would have passed the remaining parts of this act if it had known that such part or parts thereof would be declared unconstitutional.
History:
L. 1963, ch. 234, § 15; January 1, 1964.
2023 Kansas Statutes › Chapter 26 - Eminent Domain › Article 5 - Procedure Act › 26-517 Dispute among parties as to division of award or amount of judgment; determination by court.

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 the amount of the final judgment, the district court shall, upon motion by any such party in interest, determine the final distribution of the amount of the appraisers' award or the amount of the final judgment.
History:
L. 1969, ch. 196, § 3; July 1.
2023 Kansas Statutes › Chapter 26 - Eminent Domain › Article 5 - Procedure Act › 26-518 Acquisition of real property; duties of condemning authority.

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 acquisition will result in the displacement of any person, the condemning authority shall:
(a) Provide the displaced person, as defined in the federal uniform relocation assistance and real property acquisition policies act of 1970, fair and reasonable relocation payments and assistance to or for displaced persons.
(b) Fair and reasonable relocation payments and assistance to or for displaced persons as provided under sections 202, 203 and 204 of the federal uniform relocation assistance and real property acquisition policies act of 1970, and amendments thereto, shall be deemed fair and reasonable relocation payments and assistance pursuant to this section.
(c) Nothing in this section shall preclude the voluntary negotiation of fair and reasonable relocation payments and assistance between the displaced person and condemning authority. If such negotiations lead to agreement between the displaced person and the condemning authority, that agreement shall be deemed fair and reasonable.
History:
L. 2003, ch. 106, § 4; July 1.
2023 Kansas Statutes › Chapter 26 - Eminent Domain › Article 5 - Procedure Act › 26-519 Severability.

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 unconstitutional, the entirety of such sections shall be null and void.
History:
L. 2006, ch. 192, § 14; May 25.
2023 Kansas Statutes › Chapter 26 - Eminent Domain › Article 6 - Limitations On Right Of Eminent Domain › 26-601 Limitations on right of eminent domain by Cowley county.

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 to appropriate land or site, there shall be no private development on such land or site for a period of 30 years after such appropriation of land. Cowley county may not exercise the right of eminent domain to appropriate any land or site prior to a showing that all required state and federal permits to use or develop such land or site in the manner specified by the county have been obtained.
History:
L. 2004, ch. 110, § 4; April 22.
2023 Kansas Statutes › Chapter 27 - Federal Jurisdiction › Article 1 - Federal Property › 27-101 Consent given to United States to acquire land; limitations.

27-101.
Consent given to United States to acquire land; limitations.
(a) The consent of the state of Kansas is hereby given in accordance with the provisions of section 8 of Article I of the constitution of the United States, to the acquisition by the United States by purchase, condemnation or otherwise, of any land in the state of Kansas, which may hereafter be required for custom houses, courthouses, post offices, national cemeteries, arsenals, veterans administration hospitals or centers or other military purposes, and to the acquisition of a tract or contiguous tracts of land the total of which does not exceed eighty (80) acres in area for any other purpose of the government of the United States.
(b) No tract or contiguous tracts of land the total of which exceeds eighty (80) acres in area may be acquired by the United States for a purpose not specifically authorized under subsection (a) of this section by condemnation or by exercise of a right of first refusal unless consent thereto is granted by concurrent resolution of the legislature of the state of Kansas receiving the affirmative vote of a majority of the members of each house of the legislature then elected (or appointed) and qualified.
History:
L. 1927, ch. 206, § 1; L. 1980, ch. 116, § 1; April 19.
2023 Kansas Statutes › Chapter 27 - Federal Jurisdiction › Article 1 - Federal Property › 27-102 Jurisdiction.

27-102.
Jurisdiction.
That exclusive jurisdiction over and within any lands so acquired by the United States shall be, and the same is hereby, ceded to the United States, for all purposes; saving, however, to the state of Kansas the right to serve therein any civil or criminal process issued under the authority of the state, in any action on account of rights acquired, obligations incurred or crimes committed in said state, but outside the boundaries of such land; and saving further to said state the right to tax the property and franchises of any railroad, bridge or other corporations within the boundaries of such lands; but the jurisdiction hereby ceded shall not continue after the United States shall cease to own said lands.
History: L. 1927, ch. 206, § 2; March 17.
2023 Kansas Statutes › Chapter 27 - Federal Jurisdiction › Article 1 - Federal Property › 27-102b Taxing certain property upon military reservations.

27-102b.
Taxing certain property upon military reservations.
The property of any private corporation engaged in the business of owning or operating housing projects upon United States military reservations in this state shall be assessed and taxed annually, and the county in which the housing project lies geographically as determined by the descriptions set out in chapter 18 of the Kansas Statutes Annotated shall have jurisdiction over such housing projects for the purposes of taxation.
History:
L. 1951, ch. 506, § 1; February 28.
2023 Kansas Statutes › Chapter 27 - Federal Jurisdiction › Article 1 - Federal Property › 27-102c Same; property declared personalty; collection.

27-102c.
Same; property declared personalty; collection.
For the purposes of valuation and taxation, all buildings, fixtures and improvements of such housing projects on such military reservations are hereby declared to be personal property and shall be assessed and taxed as such, and the taxes imposed on such buildings, fixtures and improvements shall be collected by levy and sale of the interest of such owner, in the same manner as provided in other cases for the collection of taxes on personal property.
History:
L. 1951, ch. 506, § 2; February 28.
2023 Kansas Statutes › Chapter 27 - Federal Jurisdiction › Article 1 - Federal Property › 27-103 Fort Hays military reservation.

27-103.
Fort Hays military reservation.
Laws 1876, chapter 87, § 1, included by reference. [The title of the act reads as follows: "An act to cede jurisdiction to the United States over the territory of the Fort Hays military reservation." The reservation has since been receded to the state and accepted by the state for the purpose of establishing an agricultural experiment station and a branch of the then state normal school "and a public park" by L. 1901, ch. 421. See "state institutions."]
History: R.S. 1923, 27-103.
2023 Kansas Statutes › Chapter 27 - Federal Jurisdiction › Article 1 - Federal Property › 27-104 Fort Leavenworth reservation.

27-104.
Fort Leavenworth reservation.
Laws 1875, chapter 66, section 1, included by reference. [The title to the act is as follows: "An act to cede jurisdiction to the United States over the territory of the Fort Leavenworth military reservation." The general provisions of the act are covered by the first section of this article.]
History:
R.S. 1923, 27-104.
2023 Kansas Statutes › Chapter 27 - Federal Jurisdiction › Article 1 - Federal Property › 27-105 Fort Riley military reservation.

27-105.
Fort Riley military reservation.
Laws 1889, chapter 150, section 1, included by reference. [The title to the act is as follows: "An act to cede jurisdiction to the United States over the territory of the Fort Riley military reservation." The general provisions of the act are covered by the first section of this article.]
History:
R.S. 1923, 27-105.
2023 Kansas Statutes › Chapter 27 - Federal Jurisdiction › Article 1 - Federal Property › 27-106 Federal improvements at Fort Scott.

27-106.
Federal improvements at Fort Scott.
Laws 1885, chapter 135, section 1, included by reference. [The title to the act is as follows: "An act ceding jurisdiction to the United States over any lots and grounds which may be selected as a site for federal buildings in the city of Fort Scott, Kansas."]
History:
R.S. 1923, 27-106.
2023 Kansas Statutes › Chapter 27 - Federal Jurisdiction › Article 1 - Federal Property › 27-107 Haskell institute at Lawrence.

27-107.
Haskell institute at Lawrence.
Laws 1889, chapter 155, section 1, included by reference. [The title to the act is as follows: "An act relating to the purchase by the United States of America of a site for the Haskell Institute and Industrial School, and giving the consent of the state of Kansas to such purchase, and ratifying the purchase of the same."]
History: R.S. 1923, 27-107.
2023 Kansas Statutes › Chapter 27 - Federal Jurisdiction › Article 1 - Federal Property › 27-107a Haskell institute; concurrent jurisdiction of state.

27-107a.
Haskell institute; concurrent jurisdiction of state.
The state of Kansas hereby accepts concurrent jurisdiction over the site of Haskell institute in the city of Lawrence which was retroceded to the state of Kansas by public law 89-442 of the United States.
History:
L. 1967, ch. 212, § 1; February 27.