Printable Format26-503. Eminent domain procedure; notice. The plaintiff shall cause to be published once in a newspaper of general circulation in the county where the lands are situated a notice of the proceeding at least 14 days in advance of the date fixed by the court for consideration of the petition and appointment of appraisers, and shall at least 14 days before such date mail to each interested party as named in K.S.A. 26-502, and amendments thereto, and whose address is known or can with reasonable diligence be ascertained a copy of such publication notice and petition insofar as it relates to his interest. No defect in any notice or in the service thereof shall invalidate any proceedings.
History: L. 1963, ch. 234, § 3; L. 1969, ch. 195, § 1; L. 2010, ch. 135, § 40; July 1.
Law Review and Bar Journal References:
Court delay, George S. Reynolds, 12 W.L.J. 16 (1972).
Survey of Kansas law on real and personal property (1965-1969), 18 K.L.R. 427, 436 (1970).
CASE ANNOTATIONS
1. Duty of condemner to ascertain parties. Dotson v. State Highway Commission, 198 Kan. 671, 674, 426 P.2d 138.
2. Section complied with; condemnees bound by the notice. Unified School District v. Turk, 219 Kan. 655, 659, 660, 549 P.2d 882.
3. Where appraisers' report filed after date fixed by court, parties have 30 days thereafter to appeal. City of Shawnee v. Webb, 236 Kan. 504, 505, 507, 694 P.2d 896. (1985).
4. Condemnation proceeding voided by statutory defects including failure to list tracts and record owners in petition and notice. City of Wichita v. Meyer, 262 Kan. 534, 544, 939 P.2d 926 (1997).
5. Mentioned in upholding eminent domain proceeding by telephone company; injunctive relief denied. Schuck v. Rural Telephone Service Co., 286 Kan. 19, 29, 180 P.3d 571 (2008).
6. Administrative ordinance not subject to initiative and referendum; principles discussed whether ordinance administrative or legislative. McAlister v. City of Fairway, 289 Kan. 391, 212 P.3d 184 (2009).