Council approves payment in eminent domain case for proposed animal shelter over lone dissent

The Olathe City Council on Tuesday approved Ordinance No. 25-06, authorizing payment by the city treasurer of an eminent domain award and court‑appointed appraisers' fees in the case City of Olathe v. Southern Lumber Company of Kansas City LLC, case No. 24‑CV‑05563. The action relates to land acquisition for the city’s proposed animal shelter project PN6‑CD‑007‑23.

Council member Gilmore said he opposed the action and explained his reason on the record: he said he did not see the necessity of seizing private property for the shelter and believed the facility could be sited elsewhere. "I'm not supportive of this item, but it's the horse has left the barn in terms of seizing this property," Gilmore said. He noted that he felt the taking was unnecessary for a non‑transportation project such as a highway or bridge.

Other council members disagreed and supported moving forward with the payment and related appraiser fees. The ordinance passed on a 5-1 vote; the transcript records Gilmore as the lone dissenting vote.

The motion authorized the treasurer to make the eminent domain payment and cover appointed appraiser fees tied to the court case; the transcript does not specify the dollar amounts to be paid.