In a ruling today, the Kansas Supreme Court reinstated an eminent domain appeal case out of Johnson County District Court.
In Neighbor vs. Westar Energy Inc., the court reversed the Johnson County District Court’s dismissal with prejudice and reinstated Neighbor’s eminent domain appeal.
West had initiated an eminent domain proceeding in October 2011 to obtain an easement over real estate owned by David H. Neighbor. The district court assigned three appraisers to calculate Neighbor’s monetary award for the easement.
After the appraisers calculated Neighbor’s award, he appealed the amount to the district court. After extensive pretrial proceedings, Neighbor dismissed his appeal without prejudice on June 6, 2013.
On Nov. 25, 2013, Neighbor attempted to file a second appeal of the appraisers’ award. In filing his second appeal, Neighbor relied on the state’s saving statute, which generally permits a party to refile an otherwise untimely action within six months of a dismissal without prejudice. But the district court dismissed his appeal, concluding the saving statute does not apply in eminent domain appeals.
A unanimous Supreme Court held the saving statute applies in eminent domain appeals because those appeals are deemed “new civil actions” and the saving statute applies to “civil actions.” The court then clarified that provisions governing civil actions apply in eminent domain appeals unless they contract a more specific eminent domain provision.
The court’s decision is online at www.kscourts.org/Cases-and-Opinions/opinions/SupCt/2015/20150508/111972.pdf.