26-505. Same; appraisers' oath, instructions, reports and notification to condemner; notice to interested persons by condemner; fees and expenses. After such appointment, the appraisers shall take an oath to faithfully discharge their duties as appraisers. The judge shall instruct the appraisers on matters including, but not limited to, the following: (1) That the appraisers are officers of the court and not representatives of the plaintiff or any other party; (2) that the appraisers are to receive instructions only from the judge; (3) the nature of the appraisers' duties and authority; (4) the basis, manner and measure of ascertaining the value of the land taken and damages resulting from such taking; (5) that, except for incidental contact for the purpose of verifying factual information relating to the subject real estate or to discuss scheduling matters, appraisers shall refrain from any ex parte meetings or discussions with representatives of the plaintiff or property owner without first advising the adverse party and providing such party with the opportunity to be present; and (6) that all written material provided to an appraiser or appraisers by a party shall be provided forthwith to the adverse party. The instructions shall be in writing. Upon the completion of the appraisers' work the appraisers shall file the report in the office of the clerk of the district court and shall notify the condemner of such filing. The condemner, within seven days after receiving such notice, shall mail a written notice of the filing of such report to every person who owns any interest in any of the property being taken, if the address of such person is known, and shall file in the office of the clerk of the district court an affidavit showing proof of the mailing of such notice. The fees and expenses of the appraisers shall be determined and assessed by the court against the plaintiff.
History: L. 1963, ch. 234, § 5; L. 1968, ch. 138, § 1; L. 1999, ch. 111, § 2; L. 2006, ch. 192, § 6; L. 2010, ch. 135, § 41; July 1.
CASE ANNOTATIONS
1. Applied; dismissal of tract of land in proceeding did not impliedly authorize application of code of civil procedure. State Highway Commission v. Bullard, 208 Kan. 558, 560, 493 P.2d 196.
2. Allowance of attorney's fee requires clear statutory authority. Schwartz v. Western Power & Gas Co., Inc., 208 Kan. 844, 850, 494 P.2d 1113.
3. Date fixed by judge for filing appraiser's report is date from which appeal time computed, regardless of when report is delivered. Urban Renewal Agency v. Reed, 211 Kan. 705, 708, 709, 508 P.2d 1227.
4. Constructive notice provisions complied with; effect of actual notice. Unified School District v. Turk, 219 Kan. 655, 659, 549 P.2d 882.
5. Additional evidence may be taken upon appeal from appraisers' award. Frick v. City of Salina, 289 Kan. 1, 208 P.3d 739 (2009).
6. 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).
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