Denver, CO asked in Land Use & Zoning for Kansas

Q: Can the rural water do a easement to take part of your land to connect to are waterline.

They said if we do t take the offer they will condemn the property

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1 Lawyer Answer
Scott C. Stockwell
Scott C. Stockwell
  • Real Estate Law Lawyer
  • Lawrence, KS
  • Licensed in Kansas

A: Rural water districts, like most utilities, have the power of eminent domain. K.S.A. 82a-619 (a). With apologies for the length of the following url, the link below is to an article about use of eminent domain by rural water districts in Kansas. It was written by Gary Hanson, of Stumbo Hanson LLP. While I've not read the article in full, the article may provide you will some helpful background as you seek to understand use of eminent domain by rural water districts. You should consult with an attorney to determine the best course for you to protect your interests and, if the easement is inevitable, maximizing the value you receive for such property.

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