17-4749.   Acquisition of property; eminent domain.(a) A municipality shall have the right to acquire by condemnation anyinterest in real property, including a fee simple title thereto, whichit may deem necessary for or in connection with an urban renewal projectunder this act. A municipality may exercise the power of eminent domainin the manner provided by chapter 26 of the Kansas Statutes Annotated andacts amendatory thereof or supplementary thereto, or it may exercise thepower of eminent domain in the manner now or which may be hereafterprovided by any other statutory provisions for the exercise of the powerof eminent domain. Property already devoted to a public use may beacquired in like manner: Provided, That no real property belongingto the state, or any political subdivision thereof, may be acquiredwithout its consent.

      (b)   In any proceeding to fix or assess compensation for damages forthe taking of property, or any interest therein, through the exercise ofthe power of eminent domain or condemnation, evidence or testimonybearing upon the following matters shall be admissible and shall beconsidered in fixing such compensation or damages, in addition toevidence or testimony otherwise admissible:

      (1)   Any use, condition, occupancy, or operation of such propertywhich is unlawful or violative of, or subject to elimination, abatement,prohibition, or correction under, any law or any ordinance or regulatorymeasure of the state, county, municipality, other political subdivision,or any agency thereof, in which such property is located, as beingunsafe, substandard, insanitary or otherwise contrary to the publichealth, safety, or welfare;

      (2)   The effect on the value of such property, of any such use,condition, occupancy, or operation, or of the elimination, abatement,prohibition, or correction of any such use, condition, occupancy, oroperation;

      (c)   The foregoing testimony and evidence shall be admissiblenotwithstanding that no action has been taken by any public body orpublic officer toward the abatement, prohibition, elimination orcorrection of any such use, condition, occupancy, or operation.Testimony or evidence that any public body or public officer chargedwith the duty or authority so to do has rendered, made or issued anyjudgment, decree, determination or order for the abatement, prohibition,elimination or correction of any such use, condition, occupancy, oroperation shall be admissible and shall be prima facie evidence of theexistence and character of such use, condition or operation.

      History:   L. 1955, ch. 86, § 8; June 30.