OP Council approves taking neighbors’ land for Quivira upgrade. Court fight could loom

Overland Park may try to take land to improve two-lane Quivira Road from 159th to 179th streets, despite some landowners’ concerns about losing private property for a road widening that’s not anticipated until 2040.

The City Council voted unanimously Oct. 15 to allow the property acquisition, through condemnation if necessary, to prepare for growth along the road.

The council heard from one landowner’s attorney who argued the acquisition is speculative and unnecessary, but voted 12-0 to proceed.

“I don’t see it as speculative at all,” said Councilman Richard Collins, who represents that part of the city. Even though road lanes won’t be added for years, Collins said, other improvements are worthwhile along Quivira to deal with increasing traffic from new residential developments and for the safety of children going to nearby schools.

The concerns arose over the city’s plans for a $27 million Quivira Road project near some new residential subdivisions and Blue Valley Southwest High School. Current plans call for relocating utilities and adding a raised median, shoulders, drainage curbs and gutters and sidewalks, but allowing enough space for a future divided four-lane thoroughfare.

The city says it is prudent to acquire the land now for the eventual road widening, so it won’t have to address the other improvements when it paves the extra lanes in about 20 years.

“The only thing that is changing is the pavement,” City Manager Bill Ebel told the council. “The utility relocations and all the other necessary things, the drainage, are being built for a four-lane thoroughfare.”

Scott Hamblin, who lives with his wife and four children just east of the intersection of 177th Street and Quivira, fears losing a good chunk of his side yard and nearly a dozen mature trees that buffer his house from the road. He points to the city’s own south Overland Park transportation plan, which indicates traffic counts won’t warrant a four-lane road until 2040, if then.

He believes it’s eminent domain abuse and a waste of taxpayer dollars to buy private property now when the traffic near his house isn’t close to justifying it.

Hamblin has received the city’s preliminary purchase offer but said it was far below what he considers to be fair market value. He plans to challenge that property acquisition in court. The city ordinance cites other property owners who are also resisting selling their land to the city.

At the City Council meeting, Hamblin’s attorney, Chris Pickering, urged the council not to proceed to condemnation.

“The condemning body has no authority to appropriate private property for only a contemplated or speculative use in the future,” he said. “When the condemning body is uncertain when the future use will occur, the future use becomes unreasonable.”

Collins countered that he’s heard from constituents who believe the need exists now.

“We’ve got a brand new high school and brand new middle school out there, and this project is going to level some of the hills and raise some of the valleys on this particular street,” he said. “I’ve heard a number of comments from the residents in that area who have students in those schools, asking that this city do something to help make that road safer.”

Councilman Paul Lyons said he thought this debate may arise more frequently with Overland Park residents living near major roads, as the city acquires land for four lanes but initially keeps just two lanes.

“In an effort to really save money for the city, we’ve decided going forward that we will build out the thoroughfare as a two-lane divided thoroughfare until there’s justification for traffic that requires it to be four lanes,” he said. “There’s not a clear understanding of why we want to go ahead and purchase the entire right of way for four lanes when we’re only building a two-lane.”

City Attorney Tammy Owens said the city believes it can make a strong legal case that this is needed now.

“We will be using it, the land,” she said.

City Engineer Burt Morey told The Star that about 40 parcels are affected, and the city has reached an agreement to buy about half of those. He said the prices paid are not yet public.

Morey said the city will continue to try to negotiate an acceptable purchase price with Hamblin and other holdouts, but would invoke the condemnation process if ongoing negotiations jeopardize the project schedule. He said the city would likely proceed to court next spring if necessary.

A judge would hear from both sides on the justification for the condemnation. If a judge decides the city has the power to exercise eminent domain, appraisers would be appointed to decide a fair market value for the land.