Printable Format26-507. Same; payment of award and vesting of rights; removal of personal property; abandonment. (a) Payment of award; vesting of rights. If the plaintiff desires to continue with the proceeding as to particular tracts the plaintiff, within 30 days from the time the appraisers' report is filed, shall pay to the clerk of the district court the amount of the appraisers' award as to those particular tracts and court costs accrued to date, including appraisers' fees. Such payment shall be without prejudice to plaintiff's right to appeal from the appraisers' award. Except as provided further, upon such payment being made, the title, easement or interest appropriated in the land condemned shall thereupon immediately vest in the plaintiff, and it shall be entitled to the immediate possession of the land to the extent necessary for the purpose for which taken and consistent with the title, easement or interest condemned. If such property contains a defendant's personal property, a defendant shall have 14 days from the date such payment is made to the clerk of the district court to remove such personal property from the premises. The plaintiff shall be entitled to all the remedies provided by law for the securing of such possession. The clerk of the district court shall notify the interested parties that the appraisers' award has been paid and that the defendant shall have 14 days from the payment date to remove personal property from the premises.
(b) Abandonment. If the plaintiff does not make the payment prescribed in subsection (a) for any of the tracts described in the petition, within 30 days, from the time the appraisers' report is filed, the condemnation is abandoned as to those tracts, and judgment for costs, including the appraisers' fees together with judgment in favor of the defendant for the reasonable expenses incurred in defense of the action, shall be entered against the plaintiff. After such payment is made by the plaintiff to the clerk of the court, as provided in subsection (a), the proceedings as to those tracts for which payment has been made can only be abandoned by the mutual consent of the plaintiff and the parties interested in the award.
History: L. 1963, ch. 234, § 7; L. 2006, ch. 192, § 12; L. 2010, ch. 135, § 43; July 1.
Law Review and Bar Journal References:
Survey of the law of damages, David Prager, 12 K.L.R. 204 (1963).
"Survey of Kansas Oil and Gas Law (1988-1992)," Phillip E. DeLaTorre, 41 K.L.R. 691, 718 (1993).
CASE ANNOTATIONS
1. Exercise of motion to dismiss; does not impliedly inject code of civil procedure into condemnation proceedings. State Highway Commission v. Bullard, 208 Kan. 558, 560, 561, 493 P.2d 196.
2. Referred to; court had no authority to modify or amend award after appeal or time for appeal. Unified School District v. Turk, 219 Kan. 655, 658, 549 P.2d 882.
3. Writ of assistance applied for hereunder by condemnor; condemnation proceeding not forum for litigation over right of exercise of eminent domain or extent thereof. Kansas Gas & Electric Co. v. Winn, 227 Kan. 101, 102, 107, 605 P.2d 125.
4. Dismissal of condemnation action by city after purchase of property by agreement with owner does not constitute abandonment permitting defendant lessee to recover reasonable expenses in defense of action. City of Westwood v. M & M Oil Co., 6 Kan. App. 2d 48, 49, 626 P.2d 817.
5. If proceeding is dismissed by condemning authority prior to filing of appraiser's report, landowner not entitled to attorney fees and costs. In re Condemnation of Land by the City of Mission v. Bennett, 7 Kan. App. 2d 621, 622, 624, 649 P.2d 406 (1982).
6. "Date of taking" under K.S.A. 55-1201 controlled by provisions herein. Union Gas System, Inc. v. Carnahan, 245 Kan. 80, 88, 774 P.2d 962 (1989).
7. Dismissal without prejudice for procedural reasons followed immediately by new proceeding does not constitute abandonment. Board of Osborne County Comm'rs v. Kulich, 245 Kan. 107, 110, 774 P.2d 980 (1989).
8. Defendant's attorney fees based on quantum meruit assessed against city when condemnation proceedings abandoned after appraisers filed reports. City of Wichita v. BG Products, Inc., 252 Kan. 367, 369, 845 P.2d 649 (1993).
9. Statutory defects voided condemnation proceeding; landowner's property taken giving rise to inverse condemnation claim; injunctive relief against condemnor improper. City of Wichita v. Meyer, 262 Kan. 534, 546, 939 P.2d 926 (1997).
10. Condemnation is abandoned if payment is not made to property owners within 30 days of filing of appraisers. Bonanza, Inc. v. Carlson, 269 Kan. 705, 9 P.3d 541 (2000).
11. Cited in discussion on the sequential order of parties in eminent domain proceedings. Miller v. Glacier Development Co., 284 Kan. 476, 499, 500, 161 P.3d 730 (2007).
12. 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).
13. Eminent domain statutes discussed; school district's purchase of land later resold. Knop v. Gardner Edgerton U.S.D. No. 231, 41 Kan. App. 2d 698, 205 P.3d 755 (2009).
14. If the appraiser's award is withdrawn from the clerk by the court order, the distributor of the award shall be subject to the condemnor's judgment for the return of the difference between the appraiser's award and the final award on appeal. Miller v. Glacier Development Co., 293 Kan. 665, 270 P.3d 1065 (2011).