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Case Information

Filed 2022-12-15
Status Pending
Type Cv Eminent Domain
Docket 36 entries

Parties

Plaintiff Evergy Kansas Central Inc
Defendant C And H Hogan Inc
Photo of Hon. Befort, Jay

Judge

Hon. Befort, Jay

Shawnee County (KS)

Kansas

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Lawyers

Docket Entries

  1. Attorney of Record Plaintiff: Evergy Kansas Central Inc Attorney of Record Christopher F Burger
  2. PLE: Petition Petition for Condemnation PLE: Petition
  3. NOT: Notice - No Sheriff Service Required Notice of Partial Dismissal of Tract without Prejudice as to Tract 8 NOT: Notice - No Sheriff Service Required
  4. NOT: Notice - No Sheriff Service Required Notice of Partial Dismissal of Tract without Prejudice (Tract 14) NOT: Notice - No Sheriff Service Required
  5. Hearing Scheduled Hearing Scheduled (Hearing 02/02/2023 10:00 AM) See 12-21-22 emails confirming in-person Consideration Hrg.:vh
  6. ORD: Order (Generic) Order Setting Time and Place for Consideration of Petition for Condemnation MEC ORD: Order (Generic)
  7. NOT: Notice - No Sheriff Service Required Notice of Proceeding to Condemn Land NOT: Notice - No Sheriff Service Required
  8. AFF: Affidavit (Generic) Affidavit of Mailing AFF: Affidavit (Generic)
  9. AFF: Affidavit (Generic) Proof of Publication from LOCALIQ AFF: Affidavit (Generic)
  10. RET: Return of Service Return of Service RET: Return of Service
  11. Hearing Held Hearing result for Hearing held on 02/02/2023 10:00 AM: Hearing Held See 12-21-22 emails confirming in-person Consideration Hrg.:vh JM's, 2/2/23, 10A-11A, Consideration Hearing CCR: Digital Recording APPEARANCES: Chris Burger, Attorney for Evergy, Inc., in person with Joe Lutz; Vernon Jarboe for C&H Hogan, Inc. The Court finds it has jurisdiction and venue is proper. Publication notice/mailing notice to the interest parties is shown in the Court file. - Affidavits of publication notice filed 1-11-23, Clerks file. After consideration of the petition the Court finds: (1) the plaintiff has the power of eminent domain; and (2) the taking is necessary to the lawful corporate purposes of the plaintiff. The Court thereafter entertains suggestions from any party in interest relating to the appointment of appraisers. The Court orders the appointment of three disinterested residents of the county: Doug Bassett, Anthony Bunting and Tom McBride who have experience in the valuation of real estate, to view and appraise the value of the lots and parcels of land, and to determine the damages and compensation to the interested parties resulting from the taking. The Court directs entry of an order appointing these disinterested residents as appraisers and fixing the time for the filing of the appraisers' report not later than 45 days after the entry of such order except for good cause shown. Oaths of appraisers, additional order discussed, no objections. Chris Burger to prepare order and JE of today's proceedings. MEC, 2-2-23
  12. Minutes Judge's Minutes
  13. ORD: Order (Generic) Order Approving Petition and Appointing Appraisers. MEC ORD: Order (Generic)
  14. ORD: Order (Generic) Judge's Instructions to Appraisers. MEC ORD: Order (Generic)
  15. ORD: Order (Generic) Order of Jurisdictional Exception to Parts of USPAP. MEC ORD: Order (Generic)
  16. NOT: Notice - No Sheriff Service Required Notice of Appraisers' Hearing NOT: Notice - No Sheriff Service Required
  17. NOT: Notice - No Sheriff Service Required Notice of Viewing NOT: Notice - No Sheriff Service Required
  18. NOT: Notice - No Sheriff Service Required Notice of Survey and Staking NOT: Notice - No Sheriff Service Required
  19. AFF: Affidavit (Generic) Affidavit of Mailing of Notices of Appraisers' Hearing and Viewing AFF: Affidavit (Generic)
  20. NOT: Notice - No Sheriff Service Required Disclaimer And Notice Of Dismissal Of Defendant Shawnee County Rural Water District No. 8 Without Prejudice NOT: Notice - No Sheriff Service Required
  21. NOT: Notice - No Sheriff Service Required Notice of Posting NOT: Notice - No Sheriff Service Required
  22. RET: Return of Service Return of Mailing RET: Return of Service
  23. AFF: Affidavit (Generic) Proof of Publication from LOCALIQ AFF: Affidavit (Generic)
  24. ORD: Order (Generic) Agreed Order Extending Time for Filing Report of Appraisers. MEC ORD: Order (Generic)
  25. NOT: Notice - No Sheriff Service Required Amended Notice of Appraisers' Hearing NOT: Notice - No Sheriff Service Required
  26. NOT: Notice - No Sheriff Service Required Amended Notice of Viewing NOT: Notice - No Sheriff Service Required
  27. AFF: Affidavit (Generic) Affidavit of Mailing of Amended Notice of Appraisers' Hearing and Viewing AFF: Affidavit (Generic)
  28. NOT: Notice - No Sheriff Service Required Notice of Posting NOT: Notice - No Sheriff Service Required
  29. RET: Return of Service Return of Mailing RET: Return of Service
  30. AFF: Affidavit (Generic) Proof of Publication from LOCALIQ AFF: Affidavit (Generic)
  31. INF: Eminent Domain - Report of Appraisers Report of Appraisers
  32. NOT: Notice - No Sheriff Service Required Notice of Appraisers Fees and Expenses
  33. NOT: Notice - No Sheriff Service Required Notice of Filing of Report of Appraisers
  34. ORD: Order (Generic) Order Fixing Appraisers' Fees and Expenses, and Taxing Costs. MEC
  35. AFF: Affidavit (Generic) Affidavit of Mailing of Notice of Filing of Rep[ort of Appraisers
  36. NOT: Notice - No Sheriff Service Required Notice of Payment of Award Costs & Appraiser Fees and for Removal of Peronsonal Property

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