26-508. Appeal from award; notice to parties affected; perfection of appeal; retroactive application. - Kansas Statutes

26-508

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

      26-508.   Appeal from award; notice to partiesaffected; perfection of appeal; retroactive application.(a) If the plaintiff, or any defendant, is dissatisfied with the awardofthe appraisers, such party, within30 days after the filing of theappraisers' report, may appeal from the award by filing a written noticeofappeal with the clerk of the district court. The appeal shall be deemedperfected upon the filingof the notice of appeal. In the event any parties shall perfect an appeal,copiesofsuch notice of appeal shall be mailed to allparties affected by such appeal, within three days after the date ofthe perfection thereof. An appeal by the plaintiff or any defendant shallbring the issue of damages to all interests in the tractbeforethe court for trial de novo. The appeal shall be docketed as anew civilaction, the docket fee of a new court action shall be collectedand the appeal shall be tried as any other civil action.The only issue to be determined therein shall be the compensation requiredbyK.S.A. 26-513, and amendments thereto.

      (b)   This section, as amended by this act, shall be construed and appliedprospectively, as well as retroactively to July 1, 2003, and shall apply to alleminent 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; May 25.