Committee hears bill to void racially restrictive covenants tied to Wichita Internet exchange project

Topeka — The House Committee on Local Government held an informational hearing on legislation tied to a Wichita State University broadband project on [date not specified], hearing from Connected Nation and university partners about a restrictive land covenant that proponents say prevents construction of an Internet exchange point (IXP) on university-owned property.

The bill discussed is Senate Bill 194, which is nearly identical to House Bill 2,282; both would declare certain racially discriminatory restrictive covenants on land conveyances void and unenforceable when the land is owned by a state educational institution. Committee members were told the measure as amended in the Senate would apply only to covenants dated between Jan. 1, 1948, and Dec. 31, 1958, and that the Senate amendment also would make the law effective upon publication in the Kansas Register. The Committee did not take formal action at the informational hearing; members said they expect to consider SB 194 at a formal hearing on Wednesday.

Why it matters

Proponents said the immediate purpose of the narrow legislative change is to clear title issues on a Wichita State parcel where a 1,500-square-foot Internet exchange point is planned. Tom Cox, vice president for Connected Nation, told the committee his organization received a $5,000,000 ARPA reimbursement grant to build the facility on Wichita State land and discovered last summer that an “egregiously restrictive” covenant, including racial restrictions and limits on non–single-family uses, applies to the parcel. Cox said the covenant appears to affect roughly 30 parcels, that many owners are held by out-of-state limited liability companies and that…