Kansas uses eminent domain to acquire holdout properties to rebuild Topeka's I-70 viaduct

Both owners plan to appeal after the Kansas Department of Transportation used eminent domain to acquire two properties it needs to rebuild and realign Interstate 70's Polk-Quincy Viaduct in downtown Topeka, said KDOT communications director Steve Hale.

Three court-appointed appraisers concluded last November that just compensation amounted to $1,010,000 to go to Team Kansas Inc. for property at 116 S. Kansas Ave. and $450,000 to First Avenue Leasing LLC for property at 711 S.W. 1st, Hale told The Capital-Journal on Friday.

KDOT as part of the latter transaction also acquired properties at 101 S.W. Tyler and 125 S.W. Tyler, said the report that appraisers Steve Ballou, Benjamin Moser and Tom McBride filed in Shawnee County District Court.

Though both owners plan to appeal the amounts involved, "KDOT has paid the just compensation that was awarded by the court-appointed appraisers into the court and will begin project work," Hale said. "Going forward, the issue of just compensation is the only issue on appeal."

Here's what Kansas law says about eminent domain

KDOT is in the latter stages of efforts it began in early 2022 to acquire properties along the future path of the viaduct, which runs through downtown Topeka.

Representatives for Team Kansas and Torgesen Electric, which leased the properties owned by First Avenue Leasing, told The Capital-Journal last June that the compensation KDOT offered was not fair. The newspaper reached out to them again late last week but hadn't heard back as of Monday.

Kansas law requires KDOT to pay just compensation to owners whose properties it needs to acquire and authorizes that agency to acquire property through condemnation, if necessary.

KDOT always seeks to negotiate with the landowner, and appraises the property as a starting point, Hale said.

KDOT filed a condemnation action after it was not able to reach agreement with Team Kansas and First Avenue Leasing "on how much KDOT should pay for a partial taking of the properties needed for the project," Hale said.

When a condemnation action is filed, he said, Kansas statute requires that three disinterested residents of the county involved — with at least two of the residents having knowledge of land value — be appointed to determine just compensation to be paid for property taken.

Kansas law also gives both the condemning authority and the affected property owners the right to appeal the determination of the appraisers, Hale said.

An appeal by either side would go to district court as a new civil action, he said.

KDOT chose not to appeal the appraisers' conclusion "but Team Kansas and First Avenue Leasing decided to appeal," Hale said.

One more condemnation case expected to be filed

Hale said KDOT expects to need to use eminent domain to acquire one other property, for which he didn't reveal the location, for the viaduct project.

The state needs to use eminent domain "because the title is clouded, and ownership interests cannot be ascertained to attempt to negotiate," Hale said.

No new condemnation case for that property has been filed yet, he said.

State used eminent domain to acquire one other viaduct property

The state has used eminent domain to acquire one other property for the viaduct project, Hale said.

Court records show KDOT filed that case in September 2022 against the "Unknown Heirs at Law of Bessie Myrtle Ewing."

KDOT was unable to locate the owners of the property in question, which was only 24 square feet in size, Hale said.

"In this case the court-appointed appraisers determined the property had no value and it was not necessary for KDOT to pay anything into the court for the value of the property," he said.

What will the I-70 viaduct project do?

The viaduct project seeks to improve safety by replacing and flattening out Interstate 70's sharp curve near S.E. Third Street by moving to the north much of the highway that currently runs to the west of that curve.

Construction will start in early 2025 and end in the fall of 2027, said a page on the project's website providing answers to frequently asked questions.

I-70 will be closed in the area involved from the early spring to late fall of 2026, that site said.

The replacement viaduct to the east of S.W. Topeka Boulevard is to consist of two elevated bridges, one for eastbound traffic and the other for westbound. Both are to be about the same height as the current single viaduct.

To the west of S.W. Topeka Boulevard, plans call for the replacement stretch of I-70 to be constructed at ground level or be "built up with ground underneath," KDOT said.

Once the project is complete, drivers will be able to safely go 10 mph faster on the new viaduct than on the current one.

Signage currently in place advises motorists approaching the curve to go no more than 45 mph. That is planned to rise to 55 mph after the project is carried out.

Contact Tim Hrenchir at threnchir@gannett.com or 785-213-5934.

This article originally appeared on Topeka Capital-Journal: KDOT uses eminent domain to acquire Topeka viaduct project properties