17-4749.Acquisition of property; eminent domain.
(a) A municipality shall have the right to acquire by condemnation any
interest in real property, including a fee simple title thereto, which
it may deem necessary for or in connection with an urban renewal project
under this act. A municipality may exercise the power of eminent domain
in the manner provided by chapter 26 of the Kansas Statutes Annotated and
acts amendatory thereof or supplementary thereto, or it may exercise the
power of eminent domain in the manner now or which may be hereafter
provided by any other statutory provisions for the exercise of the power
of eminent domain. Property already devoted to a public use may be
acquired in like manner: Provided, That no real property belonging
to the state, or any political subdivision thereof, may be acquired
without its consent.
(b) In any proceeding to fix or assess compensation for damages for
the taking of property, or any interest therein, through the exercise of
the power of eminent domain or condemnation, evidence or testimony
bearing upon the following matters shall be admissible and shall be
considered in fixing such compensation or damages, in addition to
evidence or testimony otherwise admissible:
(1) Any use, condition, occupancy, or operation of such property
which is unlawful or violative of, or subject to elimination, abatement,
prohibition, or correction under, any law or any ordinance or regulatory
measure of the state, county, municipality, other political subdivision,
or any agency thereof, in which such property is located, as being
unsafe, substandard, insanitary or otherwise contrary to the public
health, 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, or
operation;
(c) The foregoing testimony and evidence shall be admissible
notwithstanding that no action has been taken by any public body or
public officer toward the abatement, prohibition, elimination or
correction of any such use, condition, occupancy, or operation.
Testimony or evidence that any public body or public officer charged
with the duty or authority so to do has rendered, made or issued any
judgment, decree, determination or order for the abatement, prohibition,
elimination or correction of any such use, condition, occupancy, or
operation shall be admissible and shall be prima facie evidence of the
existence and character of such use, condition or operation.
17-4749.Acquisition of property; eminent domain.
(a) A municipality shall have the right to acquire by condemnation any
interest in real property, including a fee simple title thereto, which
it may deem necessary for or in connection with an urban renewal project
under this act. A municipality may exercise the power of eminent domain
in the manner provided by chapter 26 of the Kansas Statutes Annotated and
acts amendatory thereof or supplementary thereto, or it may exercise the
power of eminent domain in the manner now or which may be hereafter
provided by any other statutory provisions for the exercise of the power
of eminent domain. Property already devoted to a public use may be
acquired in like manner: Provided, That no real property belonging
to the state, or any political subdivision thereof, may be acquired
without its consent.
(b) In any proceeding to fix or assess compensation for damages for
the taking of property, or any interest therein, through the exercise of
the power of eminent domain or condemnation, evidence or testimony
bearing upon the following matters shall be admissible and shall be
considered in fixing such compensation or damages, in addition to
evidence or testimony otherwise admissible:
(1) Any use, condition, occupancy, or operation of such property
which is unlawful or violative of, or subject to elimination, abatement,
prohibition, or correction under, any law or any ordinance or regulatory
measure of the state, county, municipality, other political subdivision,
or any agency thereof, in which such property is located, as being
unsafe, substandard, insanitary or otherwise contrary to the public
health, 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, or
operation;
(c) The foregoing testimony and evidence shall be admissible
notwithstanding that no action has been taken by any public body or
public officer toward the abatement, prohibition, elimination or
correction of any such use, condition, occupancy, or operation.
Testimony or evidence that any public body or public officer charged
with the duty or authority so to do has rendered, made or issued any
judgment, decree, determination or order for the abatement, prohibition,
elimination or correction of any such use, condition, occupancy, or
operation shall be admissible and shall be prima facie evidence of the
existence and character of such use, condition or operation.
17-4749.Acquisition of property; eminent domain.
(a) A municipality shall have the right to acquire by condemnation any
interest in real property, including a fee simple title thereto, which
it may deem necessary for or in connection with an urban renewal project
under this act. A municipality may exercise the power of eminent domain
in the manner provided by chapter 26 of the Kansas Statutes Annotated and
acts amendatory thereof or supplementary thereto, or it may exercise the
power of eminent domain in the manner now or which may be hereafter
provided by any other statutory provisions for the exercise of the power
of eminent domain. Property already devoted to a public use may be
acquired in like manner: Provided, That no real property belonging
to the state, or any political subdivision thereof, may be acquired
without its consent.
(b) In any proceeding to fix or assess compensation for damages for
the taking of property, or any interest therein, through the exercise of
the power of eminent domain or condemnation, evidence or testimony
bearing upon the following matters shall be admissible and shall be
considered in fixing such compensation or damages, in addition to
evidence or testimony otherwise admissible:
(1) Any use, condition, occupancy, or operation of such property
which is unlawful or violative of, or subject to elimination, abatement,
prohibition, or correction under, any law or any ordinance or regulatory
measure of the state, county, municipality, other political subdivision,
or any agency thereof, in which such property is located, as being
unsafe, substandard, insanitary or otherwise contrary to the public
health, 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, or
operation;
(c) The foregoing testimony and evidence shall be admissible
notwithstanding that no action has been taken by any public body or
public officer toward the abatement, prohibition, elimination or
correction of any such use, condition, occupancy, or operation.
Testimony or evidence that any public body or public officer charged
with the duty or authority so to do has rendered, made or issued any
judgment, decree, determination or order for the abatement, prohibition,
elimination or correction of any such use, condition, occupancy, or
operation shall be admissible and shall be prima facie evidence of the
existence and character of such use, condition or operation.