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Johnson County authorizes condemnation for Black Bob Road safety project after homeowner protest
Summary
The Board of County Commissioners on Jan. 16 adopted Resolution 004-25 authorizing acquisition by condemnation of right-of-way easements for the Black Bob Road Safety Improvement Project. Commissioners approved the measure 7-0 after an executive session; staff were directed to continue negotiations with affected homeowners.
The Johnson County Board of County Commissioners voted Jan. 16 to adopt Resolution 004-25, authorizing condemnation of the rights-of-way and easements needed for the Black Bob Road Safety Improvement Project between 100th and 53rd Terrace and 100th and 59th Street.
The action, moved by Commissioner Hanslick and seconded by Commissioner Allenbrand, passed by roll call 7-0 after the board recessed to an executive session to receive privileged legal advice under the Kansas Open Meetings Act (KSA 75-4319(b)(2)). Chair Mike Kelly said the procedural authorization was intended to preserve timing for the project while negotiations with homeowners continue.
During general public comment, homeowner Steven McGink said the negotiation process with the city and county had been difficult. “This process has been not much fun,” McGink said. He told commissioners that a sidewalk installation would run along roughly “300 linear foot of sidewalk going down the side of my property and through my backyard” and asked for compensation for a berm he said would cost about $25,000. McGink added that he felt the city was unresponsive to homeowners’ requests.
Commissioners debated whether to allow the homeowner to expand on details in open session. Commissioner Ashcraft asked that McGink be allowed to “further delineate his position” so the board could better understand his concerns. Chief Counsel advised the board that substantive negotiation details and legal strategy were best discussed in executive session to avoid jeopardizing potential litigation and to protect other landowners who may be affected. The board recessed at 10:05 a.m. for a 20-minute executive session and reconvened at 10:25 a.m.; the motion to go into executive session passed on a 5-2 roll call before the final vote on the resolution.
After the executive session, Commissioner Hanslick moved to approve Resolution 004-25; Commissioner Allenbrand seconded. In explaining his vote, Commissioner Ashcraft said he would support the measure but asked staff to “fully, and aggressively in good faith, deal with these 3 homeowners,” reflecting the board’s expectation that staff continue negotiations to seek fair compensation. The clerk recorded seven ayes and no nays.
The resolution gives county staff the legal authority to proceed toward condemnation if negotiations do not reach settlement. County staff told commissioners they hope to continue negotiations with affected homeowners and use the condemnation authority only if necessary to meet project timing.
No final dollar amounts or individual settlement terms were disclosed in the meeting record.
The project timeline and next steps were not detailed during the public meeting beyond staff assurances that negotiations would continue and that condemnation authority would be a backstop to preserve the construction schedule.
