Board of County Commissioners v. Kulich

The opinion of the court was delivered by

Miller, C.J.:

This action for the condemnation of approximately 1.36 acres of land was commenced by the Board of County Commissioners of Osborne County in the district court of that county, pursuant to the Eminent Domain Procedure Act, K.S.A. 26-501 et seq. The action was dismissed without prejudice on motion of the landowners. Later, claiming that the Board abandoned the action, the landowners moved for an allowance for their expenses and attorney fees. From the denial of that motion, the landowners appeal.

The statute involved, K.S.A. 26-507, reads as…