Water District No. 1 of Johnson County v. Prairie Center Development, L.L.C.

375 P.3d 304, 304 Kan. 603, 2016 Kan. LEXIS 309
CourtSupreme Court of Kansas
DecidedJune 10, 2016
Docket112973
StatusPublished
Cited by15 cases

This text of 375 P.3d 304 (Water District No. 1 of Johnson County v. Prairie Center Development, L.L.C.) is published on Counsel Stack Legal Research, covering Supreme Court of Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Water District No. 1 of Johnson County v. Prairie Center Development, L.L.C., 375 P.3d 304, 304 Kan. 603, 2016 Kan. LEXIS 309 (kan 2016).

Opinions

The opinion of the court was delivered by

Luckert, J.:

Water District No. 1 of Johnson County, Kansas, (referred to by the parties as WaterOne) filed an eminent domain petition in the district court seeking to condemn 10 tracts of land “[s]ubject to existing easements of record.” Prairie Center Development, L.L.C., owned each of the tracts in fee simple. After die district court'granted the petition, D.P. and Wanda Bonham and the D.P. and Wanda Bonham Trust (hereinafter the Bonhams)— who were not parties to the condemnation proceeding — filed both an appeal of the condemnation award and a motion to void the district court’s order. The Bonhams owned an easement in one of the 10 condemned tracts, and they argued that WaterOne necessarily took their easement without complying with the Eminent Domain Procedure Act (EDPA) as to their easement. See K.S.A. 2015 Supp. 26-501 et seq. After hearing arguments, the district court denied the Bonhams’ motion to void, concluding that WaterOne did not condemn the Bonhams’ easement. We affirm the district court’s decision.

[605]*605Facts and Procedural Background

WaterOnes plan was to install “a water pump station, a reservoir and system of transmission and distribution mains in Johnson County, Kansas.” To complete this project, WaterOne exercised its eminent domain power to condemn permanent water main easements and temporary construction easements in the 10 tracts of land on and around which the project was to be constructed. Prairie Center Development, L.L.C., was the owner of the 10 tracts. In February 2014, WaterOne filed an eminent domain petition in the district court against Prairie Center Development and “any unknown persons claiming an interest in or in possession of the property described herein.”

About a month later, the district court approved WaterOnes petition and appointed appraisers to conduct a valuation of the land. Thereafter, the appraisers determined just compensation for the condemned lands, and the district court ordered WaterOne to pay the awards. The record does not reflect that WaterOne or Prairie Center Development filed an appeal.

Instead, the Bonhams, who were not parties to the proceedings, filed both an appeal of the award and a motion to void the condemnation. Specifically, the Bonhams argued the condemnation relating to one of the tracts — Tract 16A — was void for noncompliance with tire EDPA. The Bonhams possessed their own easement in Tract 16A and argued that WaterOne failed to name them in the condemnation petition or send them the proper statutory notice. In response, WaterOne argued it did not have to name the Bonhams or give them notice under the EDPA because it did not intend to take or interfere with their easement. After considering the motion in a hearing, the district court denied the Bonhams’ motion to void. The Bonhams timely appealed to this court, which has jurisdiction under K.S.A. 2015 Supp. 26-504 (“Appeals to the supreme court may be taken from any final order under the provisions of [tire EDPA].”).

Analysis

In Kansas, the EDPA provides tire only avenue through which the government can exercise its eminent domain power. See K.S.A. [606]*6062015 Supp. 26-501 et seq.; Concerned Citizens, United, Inc. v. Kansas Power & Light Co., 215 Kan. 218, 227, 231, 523 P.2d 755 (1974). Importantly, “‘[a] statute which confers the right to exercise the power of eminent domain is to be strictly construed in light of the objectives and the purposes sought to be attained by its enactment.’” Miller v. Bartle, 283 Kan. 108, 113, 150 P.3d 1282 (2007) (quoting Nat’l Compressed Steel Corp. v. Unified Gov’t of Wyandotte County/Kansas City, 272 Kan. 1239, Syl. ¶ 5, 38 P.3d 723 [2002]).

The Ronhams allege WaterOne failed to comply with the EDPA. As relevant to this appeal, we conduct unlimited review over matters of jurisdiction, the interpretation of statutes, and the interpretation of written instruments. Cady v. Schroll, 298 Kan. 731, 734, 317 P.3d 90 (2014); Frazier v. Goudschaal, 296 Kan. 730, 743, 295 P.3d 542 (2013); Liggatt v. Employers Mut. Casualty Co., 273 Kan. 915, 917, 46 P.3d 1120 (2002); City of Wichita v. Meyer, 262 Kan. 534, 539, 939 P.2d 926 (1997). A brief overview of a proceeding under the EDPA puts the Bonhams’ claims in context and clarifies the objectives and purposes of the EDPA.

1. This action is governed hy the nature of condemnation proceedings.

Eminent domain — the power to take private lands for public use — is essential and inherently governmental. See K.S.A. 2015 Supp. 26-501(c)(2); Concerned Citizens, 215 Kan. at 226-27; 26 Am. Jur. 2d, Eminent Domain § 4. But however essential, the government cannot exercise its inherent power to take land for free: The government must justly pay for the land it takes. K.S.A. 26-513(a) (“Private property shall not be taken or damaged for public use without just compensation.”).

In Kansas, provisions of the EDPA control the proceedings to the extent the provisions address an issue. In an appeal from an eminent domain award, the code of civil procedure applies. K.S.A. 2015 Supp. 26-508(a) (an eminent domain appeal “shall be tried as any other civil action”); Neighbor v. Westar Energy, Inc., 301 Kan. 916, 920, 349 P.3d 469 (2015).

Eminent domain proceedings begin when an entity seeking [607]*607to condemn land files a petition in the district court. K.S.A. 2015 Supp. 26-501(b). Under the EDPA, the entity’s petition must include:

“(1) the authority for and the purpose of the taking; (2) a description of each lot, parcel or tract of land and tire nature of the interest to be taken; (3) insofar as their interests are to be taken (a) the name of any owner and all lienholders of record, and (b) the name of any party in possession. ... No defect in form which does not impair substantial rights of the partes shall invalidate any proceeding.” K.S.A. 26-502.

In addition, K.S.A. 2015 Supp. 26-503 requires that notice be given to “each interested party as named in K.S.A.

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Cite This Page — Counsel Stack

Bluebook (online)
375 P.3d 304, 304 Kan. 603, 2016 Kan. LEXIS 309, Counsel Stack Legal Research, https://law.counselstack.com/opinion/water-district-no-1-of-johnson-county-v-prairie-center-development-kan-2016.