A short one from the Kansas Supreme Court. In Neighbor v. Westar Energy, Inc., No. 111972 (May, 8, 2015), the court concluded that Kansas’ “savings statute,” which allows a party in certain circumstances to refile a lawsuit that had been voluntarily dismissed without prejudice within six months, applied to eminent domain cases.
The details involve peculiarities of Kansas practice and eminent domain law, but the takeaway is that the court concluded that despite the somewhat different procedures applicable to eminent domain cases (the valuation is initially determined by a panel of three appraisers, and if a party is dissatisfied with their conclusion, it may “appeal” to the district court), the eminent domain statute also provides that the appeal is “a new civil action” that “shall be tried as any other civil action.” Thus, Kansas’ “savings statute” applied, and allowed Neighbor to refile his appeal of the panel valuation. The procedures applicable to eminent domain cases are not so different unless the legislature expressly has said so. Here, it had not.
Neighbor v. Westar Energy, Inc., No. 111972 (Kan. May 8, 2015)