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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, ยง 3; July 1.

CASE ANNOTATIONS

1. Final distribution of appraiser's award where dispute arises among interested parties is judicial matter and appeal will lie. Urban Renewal Agency v. Naegele Outdoor Advertising Co., 208 Kan. 210, 212, 213, 214, 215, 216, 491 P.2d 886.

2. Trial court did not abuse discretion in excluding evidence of specific value of leasehold interest but allowing evidence thereof as factor in arriving at value. City of Manhattan v. Kent, 228 Kan. 513, 514, 517, 519, 618 P.2d 1180.

3. Cited in holding K.S.A. 60-2102 does not provide for appeals in original eminent domain proceedings. In re Condemnation of Land for State Highway Purposes, 235 Kan. 676, 682, 683 P.2d 247 (1984).

4. Rules for proportionate allocation of award among holders of separate interests in property determined. City of Manhattan v. Signor, 244 Kan. 630, 631, 772 P.2d 753 (1989).

5. Allocation of condemnation award between long-term lessee and landowners examined. City of Topeka v. Estate of Mays, 245 Kan. 546, 550, 781 P.2d 721 (1989).

6. Owner of retained easement taken by condemnor entitled to entire amount of appraiser's award. Kansas Gas and Electric Co. v. Will Investments, Inc., 261 Kan. 125, 127, 928 P.2d 73 (1996).

7. Compensating lessee for extra rent required by taking in distribution of condemnation award between lessor and lessee upheld. City of Overland Park v. Dale F. Jenkins Revocable Trust, 263 Kan. 470, 471, 949 P.2d 1115 (1997).

8. District court had jurisdiction to apportion condemnation award according to lease agreement. City of Roeland Park v. Jasan Trust, 281 Kan. 668, 676, 677, 132 P.3d 943 (2006).

9. District court had no authority to order a final distribution of the appraisers' award in the eminent domain proceeding under the facts of case. Miller v. FW Commercial Properties, 293 Kan. 1099, 272 P.3d 596 (2012).


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