LJWorld.com / Senate tentatively OKs bill putting restrictions on eminent domain

Archive for Wednesday, March 24, 2004

The Associated Press

March 24, 2004

Topeka — Cities and counties could no longer use economic development reasons to justify taking private property and transferring it to a private company under a bill receiving tentative Senate approval Tuesday.

Supporters of the measure said the state has made it too easy for local governments to use their power of eminent domain to take a person's property under the guise of the "public good."

But opponents said sometimes property was in such poor condition that it was in a community's best interest to acquire it and put it to better use. Also, they said, even when a city or county exercises its power of domain, the property owner is paid, albeit less than the owner would prefer.

The measure received first-round approval on a voice vote. Final Senate passage would send it to the House.

Sen. Ed Pugh said the bill would protect the property rights of the "little guy" from the greed of wealthy people with political clout.

"I might grovel on the floor to get votes because I think it's worth groveling for," said Pugh, R-Wamego.

Sen. David Haley, D-Kansas City, said taking private property was the greatest abuse of government power he could imagine. He cited Wyandotte County's acquisition of several properties in 1998 to allow construction of Kansas Speedway.

The Unified Government of Wyandotte County and Kansas City, Kan., purchased 180 properties to get 1,000 acres for the speedway and associated business development. The government estimated that about 80 percent of the owners agreed on a price after negotiations.

But Senate President Dave Kerr, R-Hutchinson, opposed the bill. During a debate Monday, Kerr told senators that one of his city's biggest downtown buildings was becoming dilapidated, but the owner didn't want to sell it or fix it up.

In cases like that, Kerr said, a government should have some way to acquire the property.