Kansas to review seizure powers

? Key state officials on Tuesday said they expect a tough fight during the next legislative session over how much power governments should have to seize private property for development projects.

“This is an issue we fully expect to come up in the near future,” Nicole Corcoran, a spokeswoman for Gov. Kathleen Sebelius, said.

“There are a lot of questions floating around,” said Rep. Lana Gordon, R-Topeka, and chair of the Joint Committee on Economic Development.

Movement on the issue is being fueled by two events – the controversial condemnation of homes in Wyandotte County in the late 1990s to build the Kansas Speedway, and the recent U.S. Supreme Court decision that upheld the rights of governments to use the power of eminent domain to force property owners to sell out to make way for business development.

The Fifth Amendment allows governments to take private property for “public use” but Kansas is one of seven states where that power is even greater – allowing local governments to condemn houses and businesses and property for business development.

That broad power paved the way for taking land from 165 property owners in Wyandotte County to construct the Kansas Speedway.

Construction of the speedway, and subsequent retail outlets, has boosted the economic fortunes of Wyandotte County, and property owners were compensated for their homes, but many are still bitter about being displaced.

Gordon, the chair of the Economic Development Committee, said some lawmakers want to rein in the powers of local governments to seize properties.

“That is where most of the concern has been expressed, what is fair to the homeowners and landowners,” she said.

Corcoran said Sebelius believes the issue needs careful study.

“The governor is committed to protecting property rights, but recognizes the need for communities to act in the public interest,” she said.