Eminent Domain in Kansas
Issue Overview: The government's power of eminent domain should be restricted to use for public purposes and projects.
NFIB Position: More than 91 percent of the respondents to the 2006 NFIB/Kansas State Member Ballot voted YES on this question. NFIB supports limiting the use of eminent domain.
Issue Status: The U.S. Supreme Court struck down the long-standing precedent of using the power of eminent domain only in cases where the "public good" would be achieved in 2005. The court said it was acceptable to condemn private property for the purpose of economic development -- in cases where a different use of the land would result in more property taxes being paid. The Supreme Court ruling, however, left room for states to enact more restrictive laws. A bill was introduced in committee and NFIB testified in support of it. No vote on the floor has been scheduled.
What to Do: Encourage your lawmakers to act to protect the rights of private property owners from abusive use of the power of eminent domain.
What to Say: Government should not have the right to take private property from one property owner and give it to another. Use of the power of eminent domain should be restricted to taking of property only when it is for the benefit of the general public, and not for the benefit of another private property owner.
