Court: County can make landowners sell property for economic growth
04/19/2003 - The Associated PressKansas counties may force private landowners to sell property to be used for industrial and economic development projects, the state Supreme Court ruled Friday. The decision was the first by the court on whether counties may exercise the power of eminent domain -- often used when land is needed for roads or utility lines -- to acquire land specifically for economic development.
In its unanimous ruling, the court said such forced sales to counties are legal under the 1974 "home rule" statute, which lets counties govern their affairs without needing to have every power listed in state law.
Friday's decision arose from a case in Shawnee County, where the county commission passed a resolution last year to acquire 400 acres south of Topeka for an industrial park. Target Corp. plans to build a distribution center on part of the site.
Nine of the affected property owners sold their land, but Robert Tolbert and his company, General Building Contractors LLC, refused to sell seven acres they owned.
A judge affirmed the county's right to take Tolbert's land by eminent domain, for which Tolbert and the company received $329,000. Tolbert's appeal resulted in Friday's Supreme Court ruling on counties' authority to take land for economic development purposes.
"Counties have and may exercise the power of eminent domain to acquire property for industrial or economic development purposes," retired Justice Edward Larson wrote for the court.
The Supreme Court also clarified that the proper procedure calls for a county commission to pass and publish a resolution stating its intent to take a property by eminent domain.
Not that the citizens needn't have every right delineated but that the counties needn't have every power listed. Cripes.