CHAPTER 106 HOUSE BILL No. 2032 An  Act concerning real property; relating to eminent domain; concerning relocation costs;
amending K.S.A. 26-506, 26-508 and 58-3502 and repealing the existing sections; also
repealing K.S.A. 58-3505.
Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 26-506 is hereby amended to read as follows: 26-
506. (a) Notice, time, place and manner of hearing. The appraisers shall,
after they have been sworn, and instructed by the judge, make their ap-
praisal 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 ten (10) 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 pub-
lication in a newspaper of general circulation in each county where the
lands are situated at least ten (10) 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; but in. In case of
failure to meet on either of said such days, a new notice shall be required.
A hearing begun pursuant to proper notice may be continued or ad-
journed 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 this act 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 ________, 19 (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 ____, 19 (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 thirty 30 days
from the day of filing.

________ ________ ________ Appraisers.

      Sec.  2. K.S.A. 26-508 is hereby amended to read as follows: 26-508.
If the plaintiff, or any defendant, is dissatisfied with the award of the
appraisers, he may, such party, within thirty (30) 30 days after the filing
of the appraisers' report, may appeal from the award by filing a written
notice of appeal with the clerk of the district court and paying the docket
fee of a new court action. In the event any parties shall perfect an appeal,
copies of such notice of appeal shall be mailed to all parties affected by
such appeal, within three (3) days after the date of the perfection thereof.
An appeal by the plaintiff or any defendant shall bring the issue of dam-
ages to all interest interests in the tract before the court for trial de novo.
The appeal shall be docketed as a new civil action and tried as any other
civil action: Provided, however,. The only issue to be determined therein
shall be that of just compensation to be paid for the land or right therein
taken at the time of the taking and for any other damages allowable by
law. The only issue to be determined therein shall be the compensation
required by K.S.A. 26-513, and amendments thereto.

      Sec.  3. K.S.A. 58-3502 is hereby amended to read as follows: 58-
3502. Whenever any program or project is undertaken by the state of
Kansas, any agency or political subdivision thereof, under which federal
financial assistance will be available to pay all or part of the cost of such
program by reason of a grant from or contract or agreement with the
federal government, and which program or project will result in the dis-
placement of any person by acquisition of real property, or by the direct
result of building code enforcement activities, rehabilitation or demolition
programs, the state, agency, or political subdivision may shall:

      (1) Provide fair and reasonable relocation payments and assistance to
or for displaced persons as are required under sections 202, 203 and 204
of the federal act;

      (2) Provide relocation assistance programs offering to displaced per-
sons and others occupying property immediately adjacent to the real
property acquired, the services described in section 205 of the federal act
on the conditions prescribed therein;

      (3) In acquiring the real property be guided to the greatest extent
practicable under state law by the land acquisition policies in section 301
and the provisions of section 302 of the federal act;

      (4) Pay or reimburse property owners for necessary expenses as spec-
ified in sections 303 and 304 of the federal act;

      (5) Share costs of providing payments and assistance with the federal
government in the manner and to the extent required by sections 211 (a)
and (b) of the federal act; and

      (6) Appoint such officers, enter into such contracts, utilize federal
funds for planning and providing comparable replacement housing, and
take such other actions as may be necessary to comply with the conditions
and requirements of the federal act.

      New Sec.  4. Whenever federal funding is not involved, and real
property is acquired by any condemning authority through negotiation in
advance of a condemnation action or through a condemnation action, and
which acquisition will result in the displacement of any person, the con-
demning authority shall:

      (a) Provide the displaced person, as defined in the federal uniform
relocation assistance and real property acquisition policies act of 1970,
fair and reasonable relocation payments and assistance to or for displaced
persons.

      (b) Fair and reasonable relocation payments and assistance to or for
displaced persons as provided under sections 202, 203 and 204 of the
federal uniform relocation assistance and real property acquisition poli-
cies act of 1970, and amendments thereto, shall be deemed fair and rea-
sonable relocation payments and assistance pursuant to this section.

      (c) Nothing in this section shall preclude the voluntary negotiation of
fair and reasonable relocation payments and assistance between the dis-
placed person and condemning authority. If such negotiations lead to
agreement between the displaced person and the condemning authority,
that agreement shall be deemed fair and reasonable.

 Sec.  5. K.S.A. 26-506, 26-508, 58-3502 and 58-3505 are hereby re-
pealed.

 Sec.  6. This act shall take effect and be in force from and after its
publication in the statute book.

Approved April 21, 2003.
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