Kansas Condemnation Law
 

STATE OF KANSAS v. DANIEL EARL GENSON III

Topeka, KS - Criminal defense attorney represented Daniel Earl Genson III with appealing his conviction for failing to register under the Kansas Offender Registration Act (KORA).



The State charged Genson with failing to register under KORA after he did not
register in November 2017. In response, Genson notified the distr... More...
   $0 (03-11-2021 - KS)

In the Matter of the Parentage of M. F., A Minor Child; Brought by K.L. v. T. F.

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The parties are familiar with the facts and the procedural history of the case. We will only summarize the facts in enough ... More...
   $0 (06-08-2019 - KS)

KENNETH MANLEY v. KANSAS DEPARTMENT OF REVENUE


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At around 11 p.m. on June 21, 2016, Marysville Police Officer James Leis saw a truck driving with a burnt-out driver's side headlamp. Leis turned his patrol vehicle around and followed the truck for a short time but did not observe any erratic driving or other traffic violations. After Leis initiated his emergency lights, the truck pulled over without incident. Leis approached the driver's side of... More...    $0 (09-10-2018 - KS)

In re Adoption of T.M.M.H.

SUPREME COURT OF THE STATE OF KANSAS

T.M.M.H., who was born on November 5, 2006, was a few months old when his father died in 2007. When T.M.M.H. was young, Mother and Grandmother agreed he would live for a period of time with Grandmother. We know little about this agreement. Whatever the initial arrangement may have been between Mother and Grandmother, at some point in 2008, Grandmother filed a petition in district court for grandpa... More...    $0 (05-12-2018 - KS)

American Humanist Association, Inc. v. Douglas County School District RE-1

United States Court of Appeals for the Tenth Circuit

Denver, Colorado

Plaintiffs, families with children enrolled in the Douglas County School
District RE-1 (“DCSD”) and the American Humanist Association (“AHA”), filed this
action challenging various DCSD practices as violations of the Establishment Clause
and the Equal Access Act (“EAA”). They contend that DCSD has engaged in a
pattern and practice of promoting Christian fundraising efforts and perm... More...
   $0 (06-20-2017 - KS)

STATE OF KANSAS v. DAVID DARREL WILLIAMS

About dusk on September 13, 2012, KBI Special Agent Michael Lind met with a confidential informant to set up a purchase of methamphetamine from Williams. The informant arranged a meeting with Williams during a telephone call in which Williams gave the informant directions to his location. After the call, Lind drove with the informant to meet Williams.

As Lind and the informant reached ... More...
   $0 (04-24-2017 - KS)

STATE OF KANSAS v. GREGORY VINCENT KEENAN

On December 23, 2010, Julie Hynes agreed to babysit her 4-year-old grandson overnight. About 11 p.m., Keenan, the boy's father, unexpectedly came into Hynes' residence. He was acting "bizarre," according to Hynes—speaking nonsensically, slurring his speech, stumbling, and swaying. He also smelled of alcohol. He picked up the sleeping boy and stumbled while carrying him out to his vehicle. It was s... More...    $0 (08-24-2016 - KS)

SHARRON JENKINS v. CHICAGO PACIFIC CORPORATION, et al

Sharron and Gerald Jenkins received, by quitclaim deed, property that had previously been used by the Chicago, Kansas and Nebraska Railway Company, the predecessor of Chicago Pacific Corporation, (Chicago Pacific) as a railroad track
running through the town of Holton. Use of the property as a railroad track has long since been abandoned. Gerald is now deceased and Sharron filed a quiet title... More...
   $0 (02-10-2016 - KS)

State Of Kansas v. Reed

On February 1, 2013, Reed, a first time offender with no criminal history, pleaded no contest to one count of attempted aggravated indecent liberties with a child (crime occurred between June and October 2009), a sexually violent crime pursuant to K.S.A. 2009 Supp. 22-3717(d)(2)(C) and (K), subject to mandatory lifetime postrelease supervision pursuant to K.S.A. 2009 Supp. 22-3717(d)(1)(G). At his... More...    $0 (01-12-2016 - KS)

Kansas City Power & Light Co. v. Strong

In January 2012, Kansas City Power & Light Company (KCPL) condemned a power line easement bisecting two tracts of undeveloped agricultural land in southern Johnson County. The land was owned by the trusts for Daniel and Evelyn Strong (the Strongs). The easement occupied approximately 12 out of a combined 460 acres. Court-appointed appraisers awarded the Strongs $96,465 in damages. The Strongs ap... More...    $0 (08-31-2015 - KS)

David H. Neighbor v. Westar Energy, Inc.

This case requires us to determine whether the Kansas saving statute applies to appeals from appraisers' awards in eminent domain proceedings. Landowner David Neighbor timely filed his appeal under K.S.A. 2014 Supp. 26-508, and the district court later granted his motion to dismiss it without prejudice. About 5 months later Neighbor appealed again, relying upon K.S.A. 60-518 to save the appeal fro... More...    $0 (05-13-2015 - KS)

Marci Frazier v. Kelly Goudschaal

Kelly Goudschaal and Marci Frazier were committed to a long-time, same-sex relationship, during which they jointly decided to have two children via artificial insemination. In conjunction with the birth of each child, the couple executed a coparenting agreement that, among other provisions, addressed the contingency of a separation. A few months after the couple separated, Goudschaal notified Fraz... More...    $0 (02-22-2013 - KS)

City of Wichita, Kansas v. Kenneth D. Denton

This is an eminent domain proceeding involving the City of Wichita's condemnation for highway purposes of a tract of land owned by Kenneth Denton and located on the northwest corner of the intersection of Kellogg and Rock Roads. Clear Channel Outdoor, Inc., leased from Denton approximately 500 square feet of the property for operation of a double-sided, tri-vision billboard. The tract was valued a... More...    $0 (01-04-2013 - KS)

Northern Natural Gas Company v. ONEOK Field Services Company, LLC

In this conversion action, Northern Natural Gas Company (Northern) claims ONEOK Field Services Company, L.L.C., ONEOK Midstream Gas Supply, L.L.C. (collectively ONEOK), Lumen Energy Corporation, and Lumen Midstream Partnership, LLC (collectively Lumen) wrongfully converted natural gas by purchasing gas from two producers, Nash Oil & Gas, Inc. (Nash) and L.D. Drilling, Inc. (L.D.), which operated w... More...    $0 (03-18-2013 - KS)

Debra L. Miller v. Glacier Development Company, L.L.C.

Lester M. Dean, Jr. challenges the entry of a personal judgment against him for an excess condemnation award which had been paid to Glacier Development Co., L.L.C. (Glacier), a limited liability company (LLC) of which Dean was the sole and managing member. Finding that the district court did not have jurisdiction to make the findings necessary to hold Dean personally liable for an LLC debt, we rev... More...    $0 (12-23-2011 - KS)

William R. Davis v. City of Leawood

William Davis and Fern Stultz sued to enjoin the City of Leawood (Leawood) from imposing special assessments on their properties for the purpose of financing the improvement of State Line Road. On cross-motions for summary judgment, the district court granted the injunction on the ground that only city-at-large funds, not special assessments, may be used to improve a designated main trafficway, a... More...    $0 (04-21-1995 - KS)

Roger Zimmerman v. Board of County Commissioners of Wabaunsee County

This case involves a decision by the Board of County Commissioners of Wabaunsee County (Board) to amend its zoning regulations. Specifically, the Board permitted Small Wind Energy Conversion Systems (SWECS) but prohibited the placement of Commercial Wind Energy Conversion Systems (CWECS, i.e., commercial wind farms) in the county. Plaintiffs are owners of land in the county. They were later joined... More...    $0 (11-20-2011 - KS)

Pamela Olson v. AT&T Corp.

After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist in the determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is, therefore, submitted without oral argument.

Plaintiff/appellant Pamela Olson appeals the district court’s disposition of her claims against defendants AT&T... More...
   $0 (07-13-2011 - KS)

Estate of Archie Kirkpatrick v. The City of Olathe, Kansas

The City of Olathe (the City) appeals the district court's judgment on a claim of inverse condemnation in favor of the Estate of Archie Kirkpatrick, arguing that its actions did not constitute a compensable taking of the Estate's property. We agree and reverse the district court.

Factual and Procedural Background

Archie Kirkpatrick owned and resided in property that sits on the northwe... More...    $0 (03-14-2008 - KS)

George G. Isely v. City of Wichita, Kansas

This is an inverse condemnation action brought by George R. Isely, as Trustee of the Mildred L. Isely Trust, et al. (Lessors), against the City of Wichita (City), regarding land owned by the Lessors and leased to Starr Holdings, L.L.C. (Lessee). The Lessors filed suit against the City seeking payment of just compensation as a result of the City's construction and maintenance of a roadway and ut... More...    $0 (01-28-2008 - KS)

City of Arkansas, Kansas v. Ronald D. Bruton and Rebecca A. Bruton

Ronald and Rebecca Bruton (the Brutons) own and reside upon a 5.4-acre plot of land that is located within the City of Arkansas City. Their property borders the Arkansas River and is subject to a 1935 easement granted to the City for flood protection. The City completed improvements to the existing dike on the Brutons' property. This appeal on our grant of the City's petition for review concern... More...    $0 (09-10-2007 - KS)

Debra L. Miller v. Glacier Development Co., L.L.C., et al.

In this appeal from an eminent domain proceeding, appellant Glacier Development Company, LLC (Glacier) challenges the jury's $800,000 award for the taking of its real property by the Kansas Department of Transportation (KDOT).

This appeal raises five questions: (1) Did the district court err in admitting evidence of the purchase prices of the subject parcels of land? (2) Did the district ... More...    $800000 (08-10-2007 - KS)

Butler County Rural Water District No. 8 v. David M. Yates and Elizabeth M. Yates

The Yates built a home on a 10-acre lot they purchased in a Butler County subdivision. The particular lot they purchased was identified as Lot 7, Towakoni Hills. The Yates' lot and other lots in the subdivision were subject to covenants and restrictions requiring them to be used for residential purposes. The properties to the north of the Yates' lot were zoned commercial, and some of the proper... More...    $0 (03-07-2003 - KS)

Thomas L. Williamson and Wynema D. Williamson; Terry L. Williamson and Debi J. Walker v. City of Hays, Kansas, and Western Plains Service Corporation

Thomas Williamson, Wynema Williamson, Terry Williamson, and Debi Walker Williamson brought suit against the City of Hays (City) and Western Plains Service Corporation (Western) for trespass, negligence, and injunctive relief based upon the collection, accumulation, and flow of water and other materials through a storm sewer drainage system over their property. The district court granted summary... More...    $0 (03-07-2003 - KS)

City of Wichita v. McDonald's Corp., et al.

Condemnation - Eminent Domain - In 1995, the City of Wichita began a project on US Highway 54 which ran parallel to Sam's Wholesale Club (property of Wal-Mart). This construction eliminated access into the parking lot and the eastbound motorists could no longer see Sam's because of solid concrete supports that were placed during construction. Court appointed appraisers awarded Wal-Mart $128,904 ... More...    $71104 (01-29-1999 - KS)

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