The right to own private property is one of the most basic precepts of a free society. Without private property, there can be no freedom. Ownership, particularly of a home, has long been thought of as a sacred right of Americans.

There are instances where public usage needs outweigh the rights of an individual, however. For this reason, the writers of our U.S. constitution included a clause in the fifth amendment known as "eminent domain". Eminent domain has allowed for roads, bridges, hunting preserves, and railroads to be implemented, all of which are created for public use.

At some point in our nation's history, around 1950, courts began to interpret the meaning of "public use" as "public benefit". This may seem like a shade of grey, but when a bulldozer is leveling your house, it suddenly becomes a little more clear. "Public benefit" can be construed to mean nearly anything, from more taxes to a prettier storefront. When one citizens property is taken by the government (even with compensation), and sold to another citizen, this amounts to eminent domain abuse.

Kansas currently ranks as the second worse abuser of eminent domain in the entire country. Numerous cases of abuse have been documented, from the Target warehouse in Topeka, to Baron BMW in Merriam, to the Kansas Speedway in KCK. In each of these cases, the government took private property from one person and gave it to another, against the original owner's will.

The excuses for this are numerous, but usually boil down to the almighty dollar. In the case of Baron BMW, the city council simply sold out. The owner of the original land was using it for his own car dealership, and counting on it to fund his retirement. 

The Libertarian Party recently worked hand-in-hand with the Representative Frank Miller (R-Independence) to draft HCR 5025 (later HB 5025). This is a bill that would place a constitutional amendment on the ballot to put a stop to eminent domain abuse in Kansas. We strongly believe that the amendment would easily pass in the general election; however it will never see the light of day because some of our current legislators do not wish to "impede economic progress" (translation: stop the plunder). Among those who voted against this bill are Representative Edward O'Malley (R-24th dist).

The legislature then passed a "watered down" version of HB 5025, which requires the state's approval before eminent domain could be exercised.  This accomplishes nothing, since the abuse can continue to occur under the new law. It's just a matter of whom the corporate interests choose to wine-and dine: city officials,  or state officials. At best it slows the process down, at worst it's an election-year stunt that can be undone with another legislative vote. The bottom line: it's not the government's decision to make. Your house and/or property should not be for sale to the highest bidder against your will.  

HB 5025 needs to be heard again in the Kansas House. The plunder of private property must be put to a stop.