26-506. Eminent domain procedure; view of lands by appraisers; hearings, procedure; notice, sufficiency. - Kansas Statutes

26-506

Chapter 26.--EMINENT DOMAIN Article 5.--PROCEDURE ACT

      26-506.   Eminent domain procedure; view of lands byappraisers; hearings, procedure; notice, sufficiency.(a) Notice, time, place and manner of hearing. The appraisersshall, after they have been sworn, and instructed by the judge, maketheir appraisal and assessment of damages, by actual view of the landsto be taken and of the tracts of which they are a part, and by hearingof oral or written testimony from the plaintiff and each interestedparty as named in K.S.A. 26-502, and amendments thereto, appearing in personor by an attorney. Such testimony shall be given at apublic hearing held in the county where the action is pending at a timeand place fixed by the appraisers. Notice of the hearing shall be mailedat least 10 days in advance thereof to the plaintiff and to eachparty named in the petition if their address is known or can withreasonable diligence be ascertained, and by one publication in anewspaper of general circulation in each county where the lands aresituated at least 10 days in advance of the hearing. Incase offailure to meet on the day designated in the notice, the appraisers maymeet on the following day without further notice. In caseof failureto meet on either of such days, a new notice shall berequired. Ahearing begun pursuant to proper notice may be continued or adjournedfrom day to day and from place to place until the hearing with respectto all properties involved in the action has been concluded.

      (b)   Form of notice. The notice of hearing shall be deemedsufficient if in substantialcompliance with theform set forth by the judicial council.

      History:   L. 1963, ch. 234, § 6;L. 2003, ch. 106, § 1;L. 2006, ch. 62, § 6; July 1.