The Quiet Conservative November 29,2006
Who owns your house?
The one thing the average Kansan doesn’t think about in their daily life is who will be the next
nominee to the Kansas Supreme Court. I doubt one in a hundred Kansans, no, make that one in ten
thousand, could name the members of the Kansas Supreme Court. You should probably know why
you should care. Because, once these justices are appointed they get to stay there forever. Unless
you vote them out.
Kansas has a system where the judges are appointed to the Kansas Supreme Court. The people of
Kansas then get to vote to retain them every six years. This is also true of the Kansas Court of
Appeals. So, when you went into the polling place this last election and a judges name came up if
you voted to retain them, or didn't vote at all, they stayed. You have to vote them out of office. For
people not all that interested in politics, this ensures that up to now, once in, always in. After all, who
would vote out people you don’t even know? If they were doing something wrong you would have
heard about it, wouldn't you?
One of the current justices, Donald Allegruci, retires in January. If you go to www.kscourts.org
there are three nominated to the position: Judges Johnson, Malone, and Fairchild. These three are
going to be presented to the Governor for her selection. Do you know the qualifications of these
individuals? (It’s O.K. if you don’t. It is kind of an “Inside baseball” kind of question.) But the
reason I wanted you to know about them is because of the fact one of these three could decide you
don’t own your own home.
I bet that got your attention. You see the current Kansas Supreme Court decided that. You only
own it until the state finds a better provider. In their two decisions on eminent domain- (State ex rel.
Tomasic V. Unified Government of Wyandotte County, Kansas and the General Building
Contractors LLC. V. Board of Shawnee County Commissioners), they agreed with the U.S.
Supreme Court decision of Kelo V. New London that it was legal to take your house or business and
give it to someone else. If, that other person would bring in more tax dollars. How did the current
judges on the Court of Appeals and the Supreme Court vote? I won’t tell you. You wouldn‘t even
know their names.
Instead I will give you a scenario. It is two in the morning and you see lights in the street outside
your window. It is a survey crew taking measurements for a new distribution center that will replace
your neighborhood. In the mail the next morning is a letter from the city telling you that the city is
taking your house and giving you the current value for the property whether you like it or not. The
Kansas Supreme Court ruled it was legal as the distribution center will bring in more dollars than your
property tax. So out you go. You don’t own your property. You only own it until the State finds
someone who can make it more profitable to the state comes along. It doesn't matter if you lived
there your whole life. It doesn't matter if the business is your only source of income. It doesn't
matter because you don’t own it anymore.
If that gets you mad, well let me ease your mind. The Republican dominated state legislature passed
SB 323 which reformed eminent domain to prevent this very scenario. It was signed into law by
Governor Sebelius and will go into effect in 2007. This should prevent the atrocious U.S. Supreme
Court decision on private property from destroying the concept in Kansas. In Kansas you get to
keep your property because it is yours, not the states.
Unless. Unless a court challenge arises to the new law. A case that could travel up to the Kansas
Supreme Court and be decided by one of the three possible new appointees to the Kansas Supreme
Court. So, that is why the average Kansan should know or care who is appointed and who is hearing
their cases in court. That or be comfortable with the letter in the mail telling you how the state has
better use for your property than you.