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IN RE CONDEMNATION OF LAND v. STRANGER VALLEY LAND CO., L.L.C.

No. 93,113

280 Kan. 576 (2005)

IN THE MATTER OF THE CONDEMNATION OF LAND FOR STATE HIGHWAY PURPOSES, Deb Miller, Secretary of Kansas Department of Transportation, Appellant, v. STRANGER VALLEY LAND COMPANY, L.L.C., et al., Appellee.

Supreme Court of Kansas.

Opinion filed December 9, 2005.

Attorney(s) appearing for the Case

Oswald S. Dwyer, staff attorney, Kansas Department of Transportation, argued the cause, and Sally A. Howard, chief counsel, was with him on the brief for appellant.

Jerry E. Driscoll, of Driscoll Law Office, of Russell, argued the cause and was on the brief for appellee.

Terrence J. Campbell, Jane M. Eldredge, and Terence E. Leibold, of Barber Emerson, L.C., of Lawrence, were on the brief for amicus curiae Westgate, L.C.

The opinion was delivered by

LUCKERT, J.

This is an interlocutory appeal in an eminent domain proceeding. The primary issue on appeal is whether the district court acquired subject matter jurisdiction over Stranger Valley Land Company, L.L.C.'s (Stranger Valley) appeal from the appraisers' award when it timely filed the notice of appeal but did not comply with the provisions of K.S.A. 2004 Supp. 26-508 requiring the payment of a docket fee and the docketing...

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