2006 Kansas Code - 26-506

      26-506.   Same; view of lands by appraisers. (a) Notice, time, place and manner of hearing. The appraisers shall, after they have been sworn, and instructed by the judge, make their appraisal and assessment of damages, by actual view of the lands to be taken and of the tracts of which they are a part, and by hearing of oral or written testimony from the plaintiff and each interested party as named in K.S.A. 26-502, and amendments thereto, appearing in person or by an attorney. Such testimony shall be given at a public hearing held in the county where the action is pending at a time and place fixed by the appraisers. Notice of the hearing shall be mailed at least 10 days in advance thereof to the plaintiff and to each party named in the petition if their address is known or can with reasonable diligence be ascertained, and by one publication in a newspaper of general circulation in each county where the lands are situated at least 10 days in advance of the hearing. In case of failure to meet on the day designated in the notice, the appraisers may meet on the following day without further notice. In case of failure to meet on either of such days, a new notice shall be required. A hearing begun pursuant to proper notice may be continued or adjourned from day to day and from place to place until the hearing with respect to all properties involved in the action has been concluded.

      (b)   Form of notice. The notice of hearing shall be in substantially the following form:

In the District Court of ________ County, Kansas.

______________ Plaintiff, vs. ______________ Defendant,

      Notice is hereby given that the undersigned appraisers appointed by the court, will, in accordance with the provisions of K.S.A. 26-501 et seq., and amendments thereto, hold a public hearing on all matters pertaining to their appraisal of compensation and the assessment of damages for the taking of the lands or interests therein sought to be taken by the plaintiff in the above entitled matter covering the following described lands (description of lands). Such hearing will commence at ________ o'clock __M. on the ______ day of ______________, (year)__ at ______________, or on the following day without further notice, and may be continued thereafter from day to day or place to place until the same is concluded with respect to all properties involved in the action. Any party may appear in person or by an attorney and may present either oral or written testimony by the landowner or other witnesses at such hearing.

      You are further notified that the court has set the ______ day of ______________, (year)__, for the filing of the awards of these appraisers with the clerk of the court, and any party dissatisfied with the award may appeal therefrom as by law permitted within 30 days from the day of filing.

______________ ______________ ______________ Appraisers.

      History:   L. 1963, ch. 234, § 6; L. 2003, ch. 106, § 1; July 1.