Steps in the Eminent Domain Process Involving Public Works

In order to begin the condemnation process, the Law Department needs Public Works to provide the following:

Legal descriptions of the necessary takings (temporary construction easements, permanent right‑of‑way easements, permanent drainage easements, sidewalk easements, utility easements) in computer‑ready format.

Legal description of each tract from which the easements are to be taken, in computer‑ready format.

Current (no more than two to three months old) title work including ownerships, mortgage holders, easement and lienholders, and parties in possession, along With addresses of same, in computer‑ready format.

8 1/2" x 11" map of each tract showing the takings.

Survey and description of the land or interest to be condemned, filed with the City Clerk.

In‑house project engineer shall meet with city attorney to review the eminent domain petition and determine length of temporary construction easements and other information particular to the project for which easements are being acquired.

Project engineer shall attend eminent domain and appraiser's hearings, with project plans, and be ready to explain project and review plans with judge, property owners and appraisers.

Project engineer shall, when requested by appraisers, stake tracts from which easements are being taken.

Project engineer shall, if requested, attend viewing with appraisers in order to answer field questions.

After appraiser's report is filed, Director of Public Works and city attorney shall sign off on awards and fees, after consultation with project engineer, prior to Finance Department issuing award and fee check to District Court.

Eminent Domain Process

Public Works

2006-11-29

City of Overland Park