Eminent domain clears both chambers, goes to Sebelius

? Property rights legislation went Friday to Gov. Kathleen Sebelius, clearing both chambers by large margins even though some members thought the measure wasn’t strong enough.

Cities, counties and state agencies must get the Legislature’s permission, starting July 1, 2007, to force individuals or businesses to sell their property for an economic development project. Property still could be seized for public purposes, such as building roads.

The House and Senate negotiators who drafted the final version didn’t want the bill to take effect immediately because they feared it would stymie a downtown redevelopment project in Manhattan. Property rights advocates complained the delay will encourage developers who want someone else’s property to move quickly to enlist government help.

“What prevents a land grab for the next year until this goes into effect?” asked Sen. Karin Brownlee, R-Olathe, who voted for the bill reluctantly.

The vote was 113-10 in the House and 33-7 in the Senate. Sebelius said last year that legislators should address property rights, but she has also called for them to balance the interests of property owners with economic development needs.

“We need to look at it further,” Sebelius’ spokeswoman, Nicole Corcoran, said. “We’ll see what this bill actually does.”

Some Kansas legislators had hoped to put a proposed constitutional amendment on the statewide ballot in November, but Senate Majority Leader Derek Schmidt, R-Independence, said, “I think clearly there is not support in the Legislature to approve one.”

Only a few legislators cautioned that the state might be hampering economic development efforts by approving the bill. Forced sales preceded the construction of the Kansas Speedway and adjacent retail development in Wyandotte County.