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Attorney outlines Kansas eminent‑domain two‑step process and valuation issues for utilities
Summary
Chris Berger told the Committee on Energy, Utilities and Telecommunications that Kansas’s two‑tier eminent‑domain procedure (inquest plus judicial appeal) balances speed with protections for property owners but raises valuation and implementation questions for utilities and landowners.
Chris Berger, an attorney with Stevenson Brand LLC in Lawrence, described Kansas’s eminent‑domain procedure and valuation practices to the Committee on Energy, Utilities and Telecommunications on Jan. 27, explaining how the state’s two‑step process works and highlighting common areas of dispute.
Berger said Kansas uses an administrative inquest followed by a possible district‑court appeal, a system he characterized as "a lovely lovely balance" between the efficiency of exercising eminent domain and safeguards for property owners. He explained that the first step is a panel of three locally selected members who determine the award in the administrative process; either…
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