Session Law

Identifying Information:L. 2003 ch. 106
Other Identifying Information:2003 House Bill 2032
Tax Type:Other
Brief Description:An Act concerning real property; relating to eminent domain; concerning relocation costs; amending K.S.A. 26-506, 26-508 and 58-3502 and repealing the existing sections; also repealing K.S.A. 58-3505.
Keywords:


Body:

CHAPTER 106

HOUSE BILL No. 2032


An Act concerning real property; relating to eminent domain; concerning relocation costs;

amending K.S.A. 26-506, 26-508 and 58-3502 and repealing the existing sections; also


repealing K.S.A. 58-3505.


Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 26-506 is hereby amended to read as follows: 26-

506. (a) Notice, time, place and manner of hearing. The appraisers shall,

after they have been sworn, and instructed by the judge, make their ap-

praisal and assessment of damages, by actual view of the lands to be taken

and of the tracts of which they 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 ten (10) 10 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 pub-

lication in a newspaper of general circulation in each county where the

lands are situated at least ten (10) 10 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; but in. In case of

failure to meet on either of said such days, a new notice shall be required.

A hearing begun pursuant to proper notice may be continued or ad-

journed 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 in substantially the

following form:

In the District Court of ________ County, Kansas.

________ Plaintiff, vs. ________ Defendant,

Notice is hereby given that the undersigned appraisers appointed by the court, will, in

accordance with the provisions of this act K.S.A. 26-501 et seq., and amendments thereto,

hold a public hearing on all matters pertaining to their appraisal of compensation and the

assessment of damages for the taking of the lands or interests therein sought to be taken by

the plaintiff in the above entitled matter covering the following described lands (description

of lands). Such hearing will commence at ____ o'clock __M. on the ____ day

of ________, 19 (year)__ at ________, or on the following day without further

notice, and may be continued thereafter from day to day or place to place until the same is

concluded with respect to all properties involved in the action. Any party may appear in

person or by an attorney and may present either oral or written testimony by the landowner

or other witnesses at such hearing.

You are further notified that the court has set the __ day of ____, 19 (year)__,

for the filing of the awards of these appraisers with the clerk of the court, and any party

dissatisfied with the award may appeal therefrom as by law permitted within thirty 30 days

from the day of filing.

________ ________ ________ Appraisers.
Sec. 2. K.S.A. 26-508 is hereby amended to read as follows: 26-508.

If the plaintiff, or any defendant, is dissatisfied with the award of the

appraisers, he may, such party, within thirty (30) 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 and paying the docket

fee of a new court action. 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 three (3) days after the date of the perfection thereof.

An appeal by the plaintiff or any defendant shall bring the issue of dam-

ages to all interest interests in the tract before the court for trial de novo.

The appeal shall be docketed as a new civil action and tried as any other

civil action: Provided, however,. The only issue to be determined therein

shall be that of just compensation to be paid for the land or right therein

taken at the time of the taking and for any other damages allowable by

law. The only issue to be determined therein shall be the compensation

required by K.S.A. 26-513, and amendments thereto.

Sec. 3. K.S.A. 58-3502 is hereby amended to read as follows: 58-

3502. Whenever any program or project is undertaken by the state of

Kansas, any agency or political subdivision thereof, under which federal

financial assistance will be available to pay all or part of the cost of such

program by reason of a grant from or contract or agreement with the

federal government, and which program or project will result in the dis-

placement of any person by acquisition of real property, or by the direct

result of building code enforcement activities, rehabilitation or demolition

programs, the state, agency, or political subdivision may shall:

(1) Provide fair and reasonable relocation payments and assistance to

or for displaced persons as are required under sections 202, 203 and 204

of the federal act;

(2) Provide relocation assistance programs offering to displaced per-

sons and others occupying property immediately adjacent to the real

property acquired, the services described in section 205 of the federal act

on the conditions prescribed therein;

(3) In acquiring the real property be guided to the greatest extent

practicable under state law by the land acquisition policies in section 301

and the provisions of section 302 of the federal act;

(4) Pay or reimburse property owners for necessary expenses as spec-

ified in sections 303 and 304 of the federal act;

(5) Share costs of providing payments and assistance with the federal

government in the manner and to the extent required by sections 211 (a)

and (b) of the federal act; and

(6) Appoint such officers, enter into such contracts, utilize federal

funds for planning and providing comparable replacement housing, and

take such other actions as may be necessary to comply with the conditions

and requirements of the federal act.

New Sec. 4. 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 con-

demning 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 poli-

cies act of 1970, and amendments thereto, shall be deemed fair and rea-

sonable 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 dis-

placed 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.

Sec. 5. K.S.A. 26-506, 26-508, 58-3502 and 58-3505 are hereby re-

pealed.

Sec. 6. This act shall take effect and be in force from and after its

publication in the statute book.

Approved April 21, 2002.


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Date Composed: 10/29/2003 Date Modified: 10/29/2003