Session of 1998
By Legislative Post Audit Committee
            9             AN ACT amending the eminent domain procedure act; relating to the
10             appointment of appraisers; concerning the appraisers' report; amend-
11             ing K.S.A. 26-504 and 26-505 and repealing the existing sections.
13       Be it enacted by the Legislature of the State of Kansas:
14           Section 1. K.S.A. 26-504 is hereby amended to read as follows: 26-
15       504. If the judge finds from the petition: (1) (a) The plaintiff has the
16       power of eminent domain; and (2) (b) the taking is necessary to the lawful
17       corporate purposes of the plaintiff, he the judge shall enter an order ap-
18       pointing three (3) disinterested householders residents of the county in
19       which the petition is filed, who have experience in the valuation of real
20       estate, to view and appraise the value of the lots and parcels of land found
21       to be necessary, and to determine the damages to the interested parties
22       resulting from the taking. Such order shall also fix the time for the filing
23       of the appraisers' report, and such time for filing shall not be later than
24       twenty (20) 20 days after the entry of such order: Provided,, except that
25       for good cause shown, the court may extend the time for filing by a
26       subsequent order. The granting of an order determining that the plaintiff
27       has the power of eminent domain and that the taking is necessary to the
28       lawful corporate purposes of the plaintiff shall not be considered a final
29       order for the purpose of appeal to the supreme court, but an order de-
30       nying the petition shall be considered such a final order.
31           Appeals to the supreme court may be taken from any final order under
32       the provisions of this act. Such appeals shall be prosecuted in like manner
33       as other appeals and shall take precedence over other cases, except cases
34       of a like character and other cases in which preference is granted by
35       statute.
36           Sec. 2. K.S.A. 26-505 is hereby amended to read as follows: 26-505.
37       After the appraisers are appointed they shall take an oath to faithfully
38       discharge their duties as appraisers. The judge shall instruct them to the
39       effect that they are officers of the court and not representatives of the
40       plaintiff or any other party, that they are to receive their instructions only
41       from the judge, and he that the judge shall instruct them as to the nature
42       of their duties and authority, and as to the basis, manner and measure of
43       ascertaining the value of the land taken and damages resulting therefrom.

SB 413


  1       The instructions shall be in writing. Upon the completion of their work
  2       the appraisers shall file their report in the office of the clerk of the district
  3       court and the appraisers shall thereupon notify the condemner of such
  4       filing. The appraisers shall include in their report the factors considered
  5       in ascertaining the value of the property and copies of any documents
  6       supporting such value. The condemner shall, within three (3) days after
  7       receiving such notice, mail a written notice of the filing of such report to
  8       every person who owns any interest in any of the property being taken,
  9       if the address of such person is known, and shall file in the office of the
10       clerk of the district court an affidavit showing proof of the mailing of such
11       notice. The fees and expenses of the appraisers shall be determined and
12       allowed by the court.
13           Sec. 3. K.S.A. 26-504 and 26-505 are hereby repealed.
14           Sec. 4. This act shall take effect and be in force from and after its
15       publication in the statute book.