The city of Roeland Park now has three eminent domain cases for infrastructure improvement projects.
Last month, the Roeland Park City Council unanimously voted to approve claiming eminent domain for a sidewalk project along El Monte Street.
This comes after the city council approved two other eminent domain cases for other infrastructure projects, one along 47th Place and the other off Mission Road.
City tried to get property owners’ permission first
- The city council approved the 47th Place and the Mission Road eminent domain action items on Oct. 7, 2024, and the El Monte Street item on Dec. 2, 2024.
- City Administrator Keith Moody told the Post on Tuesday that eminent domain action came after the city tried to work with residents to receive easements, or legal permission, to complete projects on these streets.
- “We have secured some of the easements needed,” Moody told the Post. “We have held neighborhood meetings as well as meetings with individual property owners during the design phase and easement request phase of each construction project.”
What is eminent domain?
- Eminent domain is a legal option governments have “to take private property and convert it into public use,” as defined by the Cornell Law School.
- The state law that governs eminent domain, K.S.A 26-201, allows cities to acquire private property through eminent domain after the city has an engineer conduct a land survey.
- Moody said the city is moving forward with eminent domain proceedings for properties from which it has been unable to secure easements.
- The El Monte and 47th Place proceedings are related to mainly sidewalk projects, but there are also stormwater improvements included, he said.
- The Mission Road project aims to add street lighting on the west side of the street, Moody said.
Next steps:
- Eminent domain cases are decided by a judge in Johnson County District Court, according to city staff
- The judge is in charge of ruling whether the eminent domain request meets a public need, according to city documents.
- The process also involves an appointed three-person appraisal board.
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