The owner of the land along Shawnee Mission Parkway that is caught up in an eminent domain procedure by the city of Mission Woods said she learned of the condemnation nearly a month after the city had started the action. And, she learned it from an attorney for the building owner, not from the city.
Mary Ann McTigue is president of the Northwestern Building Corporation and owner, along with her sisters, of the property at 1968 Shawnee Mission Parkway. The building which sits on that land has a separate owner. In early November the Mission Woods City Council passed an ordinance that set in motion the eminent domain proceeding by authorizing a survey of the land. She said it was not until December that she heard about the action and contacted the city.
She was told they had no obligation to inform her of the plans to take the property, she said. At the same November meeting, the city council approved an agreement with Karbank, the owner of the two buildings on either side of 1968, to fund the eminent domain process (agreement embedded below) including acquisition of the property, for “the enjoyment of the citizens of Mission Woods.” Mission Woods has 165 residents, 80 homes, four office buildings and one church.
Spencer Thomson, an attorney representing the building owners, said they plan to come to the council in March with information the council requested at its last meeting to prove that the building is sound. They had been in the process of getting permits for renovation of the vacant building when they learned of the eminent domain action. The council has delayed further actions on the eminent domain proceeding at its last two meetings.
The Kansas statutes require that property taken by eminent domain be used for public purposes with some limited exceptions. The planned use of the property has not been specified.