Kansas eminent domain laws get ‘B’ grade

? Kansas received a “B” grade from a public interest coalition for its efforts to limit the use of eminent domain by local governments.

The Castle Coalition, headquartered in Arlington, Va., gave the state the high mark based on restrictions passed in 2006 to limit the taking of land by government to the benefit of private developers. Missouri got a D from the group.

The coalition is a project of the Institute for Justice, a libertarian public interest law firm that litigates property rights cases.

Both organizations opposed the U.S. Supreme Court’s 5-4 decision two years ago that said private property could be seized by government and handed over to private developers to create jobs and expand the tax base.

Kansas was among several states that passed laws reforming the practice of taking land. A law that takes effect July 1 prohibits private property from being acquired and then transferred to another private owner except in limited circumstances. Those include private utilities that need to acquire property.

Blighted areas can be condemned only if the structures are considered unsafe.

But the law isn’t perfect, the coalition said. It urges legislators to fix a provision that gives the Legislature the authority to grant a condemnation for private development.

Rep. Tim Owens, R-Overland Park, said Kansas did not want to completely take away a tool that could significantly benefit the state. He doubted that legislators would remove the provision.

“But as a former city official, I know this law will hurt economic development,” said Owens, a former Overland Park City Council member.

Though Missouri passed a 2006 law saying eminent domain could not be used “solely” for economic development purposes, the Castle Coalition said the measure didn’t go far enough.

“Conveniently for tax-hungry local governments and land-hungry developers, the law continues to let cities condemn whole neighborhoods as ‘blighted’ based on vague, subjective factors such as ‘inadequate street layout,’ ‘unsafe conditions’ and ‘obsolete platting.'”

The coalition said it was a “marginal improvement” that blight designations must be made property by property, at least until blight is widespread.

The measure also ended the practice of private developers being able to initiate eminent domain proceedings. It says that when a person’s home is taken, a government must pay 25 percent more than the estimated market price.

Governments must pay 50 percent more for properties owned by the same family for at least 50 years.