CHAPTER 111 HOUSE BILL No. 2140 An Act concerning eminent domain; relating to appraisal and compensation; amending
K.S.A. 26-504, 26-505 and 26-513 and repealing the existing sections. Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 26-504 is hereby amended to read as follows: 26-
504. If the judge to whom the proceeding has been assigned finds from
the petition: (1) The plaintiff has the power of eminent domain; and (2)
the taking is necessary to the lawful corporate purposes of the plaintiff,
he the judge shall entertain suggestions from any party in interest relating
to the appointment of appraisers and the judge shall enter an order ap-
pointing three (3) disinterested householders residents of the county in
which the petition is filed, at least two of the three of whom shall have
experience in the valuation of real estate, to view and appraise the value
of the lots and parcels of land found to be necessary, and to determine
the damages to the interested parties resulting from the taking. Such
order shall also fix the time for the filing of the appraisers' report, and
such at a time for filing shall not be later than twenty (20) 20 days after
the entry of such order: except for good cause shown, the court may
extend the time for filing by a subsequent order. The granting of an order
determining that the plaintiff has the power of eminent domain and that
the taking is necessary to the lawful corporate purposes of the plaintiff
shall not be considered a final order for the purpose of appeal to the
supreme court, but an order denying the petition shall be considered such
a final order.

      Appeals to the supreme court may be taken from any final order under
the provisions of this act. Such appeals shall be prosecuted in like manner
as other appeals and shall take precedence over other cases, except cases
of a like character and other cases in which preference is granted by
statute.

      Sec.  2. K.S.A. 26-505 is hereby amended to read as follows: 26-505.
After the appraisers are appointed they such appointment, the appraisers
shall take an oath to faithfully discharge their duties as appraisers. The
judge shall instruct them to the effect the appraisers on matters including,
but not limited to, the following: (1) That they are officers of the court
and not representatives of the plaintiff or any other party, (2) that they
are to receive their instructions only from the judge, and he shall instruct
them (3) as to the nature of their duties and authority, and (4) as to the
basis, manner and measure of ascertaining the value of the land taken
and damages resulting therefrom 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 their work the appraisers shall file
their the report in the office of the clerk of the district court and the
appraisers shall thereupon notify the condemner of such filing. The con-
demner shall, within three (3) 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 ex-
penses of the appraisers shall be determined and allowed by the court.

      Sec.  3. K.S.A. 26-513 is hereby amended to read as follows: 26-513.
(a) Necessity. Private property shall not be taken or damaged for public
use without just compensation.

      (b) Taking entire tract. If the entire tract of land or interest therein
in such land is taken, the measure of compensation is the fair market
value of the property or interest at the time of the taking.

      (c) Partial taking. If only a part of a tract of land or interest is taken,
the compensation and measure of damages are is the difference between
the fair market value of the entire property or interest immediately before
the taking, and the value of that portion of the tract or interest remaining
immediately after the taking.

      (d) Factors to be considered. In ascertaining the amount of compen-
sation and damages as above defined, the following nonexclusive list of
factors, without restriction because of enumeration, shall be given con-
sideration if shown to exist but they considered if such factors are shown
to exist. Such factors are not to be considered as separate items of dam-
ages, but are to be considered only as they affect the total compensation
and damage under the provisions of subsections (b) and (c) of this section.
Such factors are:

      1. (1) The most advantageous use to which the property is reasonably
adaptable.

      2. (2) Access to the property remaining.

      3. (3) Appearance of the property remaining, if appearance is an el-
ement of value in connection with any use for which the property is
reasonably adaptable.

      4. (4) Productivity, convenience, use to be made of the property
taken, or use of the property remaining.

      5. (5) View, ventilation and light, to the extent that they are beneficial
attributes to the use of which the remaining property is devoted or to
which it is reasonably adaptable.

      6. (6) Severance or division of a tract, whether the severance is initial
or is in aggravation of a previous severance; changes of grade and loss or
impairment of access by means of underpass or overpass incidental to
changing the character or design of an existing improvement being con-
sidered as in aggravation of a previous severance, if in connection with
the taking of additional land and needed to make the change in the im-
provement.

      7. (7) Loss of trees and shrubbery to the extent that they affect the
value of the land taken, and to the extent that their loss impairs the value
of the land remaining.

      8. (8) Cost of new fences or loss of fences and the cost of replacing
them with fences of like quality, to the extent that such loss affects the
value of the property remaining.

      9. (9) Destruction of a legal nonconforming use.

      10. (10) Damage to property abutting on a right-of-way due to change
of grade where accompanied by a taking of land.

      11. (11) Proximity of new improvement to improvements remaining
on condemnee's land.

      12. (12) Loss of or damage to growing crops.

      13. (13) That the property could be or had been adapted to a use
which was profitably carried on.

      14. (14) Cost of new drains or loss of drains and the cost of replacing
them with drains of like quality, to the extent that such loss affects the
value of the property remaining.

      15. (15) Cost of new private roads or passageways or loss of private
roads or passageways and the cost of replacing them with private roads
or passageways of like quality, to the extent that such loss affects the value
of the property remaining.

      (e) Fair market value. ``Fair market value'' means the amount in terms
of money that a well informed buyer is justified in paying and a well
informed seller is justified in accepting for property in an open and com-
petitive market, assuming that the parties are acting without undue com-
pulsion. The fair market value shall be determined by use of the compa-
rable sales, cost or capitalization of income appraisal methods or any
combination of such methods.

 Sec.  4. K.S.A. 26-504, 26-505 and 26-513 are hereby repealed.

 Sec.  5. This act shall take effect and be in force from and after its
publication in the Kansas register.

Approved April 14, 1999.
 Published in the Kansas Register April 22, 1999.