Eminent domain battle imminent

Libertarian Party plans to fight for property rights in legislative session

Topeka ? A small political party hopes to lead the way in preventing Kansas government from condemning property to allow private development.

“The Kansas Libertarian Party will be at the forefront of this movement,” Rob Hodgkinson, chairman of the party, declared.

The issue of eminent domain erupted recently in a U.S. Supreme Court battle and promises to be a hot topic when the legislative session starts in January.

Under eminent domain, government has the power to take private property, with just compensation, for what is deemed a societal good. Traditionally, eminent domain has been used to clear the way for roads or other public works projects.

Recently, however, some states, including Kansas, have used government’s power of eminent domain to buy out people from their residences to make way for private development, such as the Kansas Speedway in western Wyandotte County.

That has caused an uproar in various parts of the country and came to a head in a lawsuit that made it to the U.S. Supreme Court.

The city of New London, Conn., condemned homes for a private development. The residents sued, but in a divisive 5-4 decision the court allowed the condemnation.

“The decision has major implications for all property owners in the state of Kansas,” Hodgkinson said.

He said a law is now needed that will prohibit any person’s property from being taken for the purposes of economic development.

Without such a ban “all is open to confiscation and redistribution upon decree of public officials who may or may not have the best interests of the public at heart,” he said.

But Don Moler, executive director of the League of Kansas Municipalities, said the use of eminent domain in Kansas for economic development has been successful and infrequent.

“It’s not like cities are doing this all over,” Moler said.

“The policy issue that really has to be addressed is, is there a place in the public arena for the use of this power.

“If you believe the Kansas Speedway is not worth it, then there it is, but a lot of people would argue the racetrack is worth it,” he said.

“Are the property interests such that they trump everything else, or should there be a balancing test?” he added.

Patrick Wilbur, of Lawrence, a spokesman for the Libertarian Party, said protecting property rights against the government and private enterprise was one of the foundations of the party.

“To say people’s houses get destroyed simply because it is good for the majority is unacceptable,” Wilbur said.

The conservative Kansas Taxpayers Network also has weighed in for protection of property rights in this issue.

Saying that eminent domain was justified to build the Kansas Speedway is an example of the “ends justifying the means,” said Karl Peterjohn, executive director of the KTN.

There are fewer than 10,000 registered Libertarians in Kansas out of nearly 1.7 million registered voters. Wilbur ran for the state Legislature last year and got 21 percent of the vote against Rep. Tom Sloan, a Lawrence Republican.

Wilbur said limiting eminent domain was an issue near and dear to the hearts of Libertarians, and that he believes that message will be accepted by the public during this debate.

“If we can gain some members that would be great, too,” he said.