They say 25 to 30 years, as if that makes it okay. I would be VERY angry if I were in your situation, and I sympathize. The whole idea of eminent domain really gets me mad. The idea that a local government can just seize your land for it's own agenda is criminal. Isn't this why we (as a people) left England in the first place... to have rights?!?!?! Where are these rights?
TYRANNY Main Entry: tyranny Pronunciation: 'tir-&-nE Function: noun Inflected Form(s): plural -nies Etymology: Middle English tyrannie, from Middle French, from Medieval Latin tyrannia, from Latin tyrannus tyrant 1 : oppressive power ; especially : oppressive power exerted by government
What this country needs is a good revolution. That's how we escaped from tyranny before.
Real eminent domain protection is about to come to Kansas.
Home and small-business owners across the state have this year's Legislature to thank for beating back an effort by the beneficiaries of eminent domain abuse.
Last year, Kansas enacted historic reforms that prohibit local governments from taking property by force for private economic development. This problem gained national attention and infamy after the U.S. Supreme Court's 2005 decision in Kelo v. City of New London, Conn.
Kansas was one of more than 30 states that enacted protections against the use of eminent domain for private gain in the aftermath of the dreadful Kelo ruling, though the Kansas law does still allow the Legislature to approve condemnation for economic development, unfortunately.
One important provision of the Kansas property-rights legislation, however, was its effective date: July 1, 2007. So while Kansas was widely known as one of the worst abusers in the country of the power of eminent domain -- tellingly called the "despotic power" by the Supreme Court -- the commonsense property protections do not begin until this summer.
This legislative session, Senate Bill 296 threatened to take away some property protections by allowing the use of eminent domain for the removal of so-called "blight."
For far too long, local governments have claimed blight removal -- or its sibling, urban renewal -- as a backdoor method to forcefully transfer property from one private individual to another.
As I told both the Senate judiciary and commerce committees last session, it is a place to tread very carefully, especially in Kansas, whose constitution does not contain a public use clause and whose Supreme Court has ruled that economic development is a proper use of the eminent domain power.
But because the power of eminent domain was abused so often in Kansas, the Legislature joined a number of other states, such as Florida and the Dakotas, to make sure home and small-business owners would not lose their properties for the purpose of removing blight.
To its credit, the Senate Judiciary Committee did not send S.B. 296 to the full chamber, so the threat this year is gone. Soon there will be meaningful and near complete protection against eminent domain abuse for all landowners in Kansas. Beginning in July, all Kansans, regardless of where they live or what they own, will be far more secure.
That does not mean, however, that threats will not arrive again. As they did this year, those who benefit most from the use of eminent domain for private profit -- notably land-hungry private developers and tax-hungry government officials -- will be back in the Legislature with even further efforts to roll back the protections.
Sadly, entrenched special interests will continue to use their money and power to chip away at eminent domain reforms. This has already occurred in Utah, which passed comprehensive reform in 2005 only to see those protections cheapened in 2007.
To prevent that from happening in Kansas, you will need to remain vigilant. Otherwise, local governments easily may be able to snatch away what is rightfully yours.
Steven Anderson is an attorney at the Institute for Justice, a law firm in Arlington, Va., that litigated the Kelo case.
This is an articleI found in the Eagle today. Sounds like someone is working for the common man. I would love for the Traveler to print this in their daily news. Might be fun to watch the money people in our county scramble.
Any of numerous plant diseases resulting in sudden conspicuous wilting and dying of affected parts, especially young, growing tissues.
The condition or causative agent, such as a bacterium, fungus, or virus, that results in blight.
An extremely adverse environmental condition, such as air pollution.
Something that impairs growth, withers hopes and ambitions, or impedes progress and prosperity.
I hope the county commissioners will think about more than whatthe money people wantwhen they consider this corridor thing. This goes with my earlier posting, in regard to eminent domain.
Again our county is under the microscope of the localgovernments. All for the sake of our economic future. I can see most wanting to make sure we keep up with the times and not fall behind. But at whose expense? The guy in the paper tonight that has used access to theEastChestnut bridge for years, and now they are suggesting to take it out? Or how aboutanyone along the route from the state line to the county line north on US 77. As most of you know there is a study now taking place that has proposed rezoning for a corridor along US 77 in our county. This is a proposal that they SAY will happen 25-30 years down the line. And for us not to worry about it. But I say, in 25-30 years itWILL be my problem if they are allowed to zone my property as they wish and take from me my freedom to do with it as I wish. I am going to a public meeting in the near future that will have some weight on the worth of my property in years to come. From the last meeting on this subject a photo was taken of the plan to zone my property into non exsistance. From what I can see on their map, the east side of my property will be evenutally taken for an access road. The west side of my property will be taken for entrance and exits onto US 77. With this plan this leaves only a small pie shaped slice of my 18 some odd acres left for me to use as residential. The rest will be zoned commercial. When the new and present US 77 went through years ago, the state cut my grandfathers farm in two. This is property that has been in my family for 4 generations. There are trees planted here by my great grand mother, and my grand fathe,r as well as my father. I too have planted trees, and have wanted this for my son also. My grandfather and several other land owners fought this new highway to save the family farm. IT mayjust be a small parcel of land to some, but I love this place andas you know theoutcome,this highway was built right through the middle of his land. My grandfather was sad to see it split. But he still had the home place, smaller but still intact. With this new proposal they will zone the rest of what my great grandfather and my grandfather, and my mother have left to me to use, as they, the county,see's fit. My wish has always been to improve the property and leave this for my son. and for him to leave to his son. But for the sake of economic development this may not be possible.
I want for my son to be able to get up in the morning and watch the deer come out along the hedge rows to nibble on the grass in the pasture. For his children to be able to explore this land like I did as a child. There are many fond memories as a child here at this place. This is the place I intended to spend my final days as my grandfather did. Now they are talking businesses and Dr's offices to go along with this new proposed hospital for the land in the area I call home.
For those who have nothing to lose, and every thing to gain, it seems petty to hear my concerns. These being the Dr's, bankers, and money people in this county. I have heard from them that my property will go up in value if this rezoning is done. What value can you place on childhood memories, and memories of your childrens childhood place. Money is the root of all evil, and greed it running rampid. Life and family are the staples to life for me and many others.
To those who think they are doing what is best for all involved, lets see how they would react if someone would interfer with their home, and way of life. There are plenty of places to build industry for those who have no heritage on the land they own. Some have land that is just that, a financial investment. But there are those who have a more important investment. Home and family.
Even for those who will not be effected by this corridor, I urge you to go to the US 77 meeting and give your support for those who do have something to lose.....(in 25-30 years, they have said). The public meeting will be held at 7:30 p.m. next Thursday, March 29, in the Wright Room of Cowley College's Brown Center.
To me and many others, the threat is real and now.
The meeting went on as scheduled tonight. There were not as many there as I had wished would come. I suppose it is hard to be concerned about progress and it's effects, if it doesn't effect you or yours.
I did however meet County Commisioner Dick Bonfy. He seems like a very efficient and concerned commisioner. He had done his home work and was on top of things. Thank you to Dick for your assistance and your support on this issue. I also met with Alan Grunder with KDOT. During my time at this meeting I met Dotty Smith as well. She seemed sincere about understanding the fears of the residents this corridor will effect.
Most of these proposed things on this corridor map consisted on "if's". "If" the city runs sewer out to the new hospital site. "If" the new hospital is built they will need offices'. "If" growth north happens they will need access roads to and from US 77."If" the new hospital is even built...They talked about putting round abouts on Kansas and the bypass, and Madison and the bypass. This planner kept saying this was needed to keep people from "blowing" the stop signs and keeping fatalities down. I have used a round about and it can be confusing. Especially for the elderly drivers. I see no problem with traffic lights at these intersections if they want to stop accidents. True drivers can still "blow" the lights, but our local law enforcement can remedy that if there is a specific intersection that proves to be a problem. Let me see, which would be less costly? Round about, or a traffic light? Traffic light! I can see a traffic light being helpful at Kansas and the bypass, I avoid it all the time during high traffic times just for safety reasons. As far as the road saftey, that will not happen until people understand that driving toward someone else in a 2000 lb or more vehicle, is dangerous. While working out on the highway, I found that drivers were not the most curtious at times. Blowing stops signs and traffic lights will happen. Law enforcement will have to monitor problem area's.
The planner told me even if they zone my property commercial I would still be able to do with it as I want....like build another house. I asked for that in writing. That I didn't get. I kept hearing that this was nothing that would happen over night, 25-30 years down the line. And if zoned comercial that I could only sell my land comercially if there was sewer to the property. One more "if". I was told they just needed to get a plan in place. So...... I guess this means that I may not have to fight for my land, my son will have to.....or his son. I was told that if KDOT wants to take part of my land for an access diamond and an access road, there was not much I could do about it. Sad, isn't it? Progress....
I saw on the map where at some time they will be thinking about puting a bypass west of Winfield. As I sat there and looked at that map I thought about all the other people this proposal may effect. This proposed by pass went north from Strother field across miles of agricultural ground, and most likely there will be those, who like me will be at odds with losing family property. This bypass is suppose to link up with US 160 and US 77 north of Winfield......Progress.... gotta love it. Economic development? Maybe, I would much rather see more stores in the down town area first, before trying to sieze more land from the common folk. To me that would mean a healthy economic base. By golly when they come to downtown, it will sure be "purdy" there for them. What with all those matching lights and bicycle racks and all!
