275 P.3d 46
Kan.2012Background
- Unified Government condemned Woods' real property and appraisers filed their report on December 2, 2009.
- Unified Government filed a notice of filing of the appraisers' report on December 7, 2009, but Woods contends he did not receive it.
- Unified Government paid the awards on December 21, 2009, and Woods received notice of payment on December 22, 2009.
- Woods filed his notice of appeal of the appraisers' award on January 19, 2010, beyond the 30-day deadline.
- The district court dismissed Woods' appeal as untimely; Woods appealed, challenging notice and jurisdiction.
- Kansas Supreme Court held the 30-day filing period is a jurisdictional requirement and cannot be extended.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 26-508 deadline is jurisdictional | Woods argues notice failed; district court should extend deadline. | Unified Government argues strict 30-day deadline with no extension authority. | Filing deadline is jurisdictional; no extension available. |
Key Cases Cited
- Stranger Valley Land Co. v. City of L College, 280 Kan. 576 (2005) (jurisdictional notice deadline; docketing not jurisdictional)
- Board of Sedgwick County Comm'rs v. City of Park City, 293 Kan. 107 (2011) (abolished unique circumstances doctrine; no equitable extension)
- Bartle v. Miller, 283 Kan. 108 (2007) (eminent domain proceedings are special statutory; no CPLR-like extension)
- Bowles v. Russell, 551 U.S. 205 (2007) (no equitable exceptions to jurisdictional requirements)
- Nat'l Compressed Steel Corp. v. Unified Gov't of Wyandotte County/Kansas City, 272 Kan. 1239 (2002) (strict construction of eminent domain statutes; improper issues cannot be raised on appeal)