Kansas Statutes

Chapter 26.—EMINENT DOMAIN

• Article 1.—GENERAL CONDEMNATION LAW
  • Cross References to Related Sections:

    Eminent domain procedure act, see 26-501 et seq.

  • 26-101 Condemnation by corporations and partnerships.
  • 26-102 Repealed.
• Article 2.—CONDEMNATION IN CITIES
  • Cross References to Related Sections:

    Eminent domain procedure act, see chapter 26, article 5.

    Law Review and Bar Journal References:

    Sections hereunder prior to 1963 cited, Raymond L. Spring, 35 J.B.A.K. 7, 8 (1966).

    Survey of property law, Mark Corder and William J. Paprota, 15 W.L.J. 387, 391 (1976).

    Attorney General's Opinions:

    Authority of city to condemn property outside city limits and owned by county. 94-160.

  • 26-201 Cities; authority to condemn; interest acquired; resolution, notice, ordinance; exercise of power.
  • 26-202 Repealed.
  • 26-203 Repealed.
  • 26-204 Payment of award; time title to vest.
  • 26-205 Repealed.
  • 26-206 Repealed.
  • 26-206a Application to urban renewal law.
  • 26-207 Repealed.
  • 26-208 Condemnation of land outside city.
  • 26-209 Assessment of costs in benefit districts.
  • 26-210 Condemnation by board or commission.
  • 26-211 Abatement and cancellation of taxes and removal of certain real estate from tax rolls.
• Article 3.—CONDEMNATION OF LAND POSSESSING HISTORICAL INTEREST (Not in active use)
  • Cross References to Related Sections:

    Condemnation of lands under jurisdiction and control of state historical society, see 75-2714.

    Eminent domain procedure act, see 26-501 et seq.

  • 26-301 Repealed.
  • 26-302 Repealed.
  • 26-303, 26-304 Repealed.
  • 26-305, 26-306 Repealed.
• Article 4.—STONE QUARRIES
  • 26-401 Procedure for taking stones.
  • 26-402 Damages paid by contractor.
• Article 5.—PROCEDURE ACT
  • Cross References to Related Sections:

    Constitutional provisions relating to right to exercise eminent domain by certain corporations, see Kansas Constitution, article 12, § 4.

    Condemnation of lands under jurisdiction and control of state historical society, see 75-2714.

    Law Review and Bar Journal References:

    1963 act explored and analyzed, Marion Beatty, 32 J.B.A.K. 125 (1963).

    "Comments on Practice and Procedure in Eminent Domain," Raymond L. Spring, 35 J.B.A.K. 7 (1966).

    "Railroad Right of Way: The Real Property Interest in Kansas," Tim Pittman, 25 W.L.J. 327, 336 (1986).

    "What is Eminent Domain and How Do You Do It?" Claire K. McKurdy and Nina M. Thompson, 61 J.K.B.A. No. 9, 26, 27 (1992). (Reprinted at 61 J.K.B.A. No. 10, 24 (1992)).

    "Condemnation of Water and Water Rights in Kansas," John C. Peck and Kent Weatherby, 42 K.L.R. 827, 834, 840, 858 (1994).

    "Flooding of Private Property by the Construction of a Public Improvement: Isn't It Time for Kansas to Call It What It Really Is--A Compensable Taking?" Nicole M. Zomberg, 38 W.L.J. 209 (1998).

    "Condemnations and Taking of Access Rights in Kansas," Derek H. Potts, J.K.T.L.A. Vol. 28, No. 6, 8 (2005).

  • 26-501 Eminent domain procedure; venue.
  • 26-501a Eminent domain; limited to public use; transfer to private entity prohibited; exception.
  • 26-501b Eminent domain; transfer to private entity authorized, when.
  • 26-502 Contents of petition.
  • 26-503 Eminent domain procedure; notice.
  • 26-504 Same; findings; order appointing appraisers; duties; appeals to supreme court, when.
  • 26-505 Same; appraisers' oath, instructions, reports and notification to condemner; notice to interested persons by condemner; fees and expenses.
  • 26-506 Eminent domain procedure; view of lands by appraisers; hearings, procedure; notice, sufficiency.
  • 26-507 Same; payment of award and vesting of rights; removal of personal property; abandonment.
  • 26-508 Appeal from award; notice to parties affected; perfection of appeal; retroactive application.
  • 26-509 Same; assignment for trial on appeal; attorney fees, when.
  • 26-510 Appeal from award; notice; withdrawal of payment.
  • 26-511 Interest on final judgment.
  • 26-512 Same; making surveys and location.
  • 26-513 Same; compensation required for taking and damage; determination.
  • 26-514 Fixing of benefit districts and levying of special tax assessments no part of eminent domain procedure.
  • 26-515 Same; proceedings pending prior to effective date of this act; invalidity of part.
  • 26-516 Same; citation of act.
  • 26-517 Dispute among parties as to division of award or amount of judgment; determination by court.
  • 26-518 Acquisition of real property; duties of condemning authority.
  • 26-519 Severability.
• Article 6.—LIMITATIONS ON RIGHT OF EMINENT DOMAIN
  • 26-601 Limitations on right of eminent domain by Cowley county.