In Re Condemnation of Land for State Highway Purposes

This is an appeal by the defendants, Andrew M. Larson and Jean M. Larson, from an order of the Finney District Court overruling six motions filed by the appellants in an original condemnation proceeding commenced by the Secretary of Transportation. Since we dispose of this case on jurisdictional grounds, a statement of the procedural background is necessary.

John B. Kemp, Secretary of Transportation of the State of Kansas, commenced this action by filing a petition for eminent domain in the District Court of Finney County on January 20, 1983. He sought both permanent and temporary easements…