Wednesday, February 6.1980
University Daily Kansan
Federal land buying may face state approval
By DON MUNDAY Staff Reporter
Committees in both houses of the Kansas Legislature are considering a bill that would制裁 the federal purchase of Kansas that such a law would be unconstitutional.
The bill, facing a vote today in the Senate, federal and State Affairs House and Federal courts. Legislature before the federal government could purchase land, either through the Treasury Department or directly from Congress.
John Croft, R-Celar Point, who introduced the bill in the Senate committee to allow him to even though Attorney General Robert Mueller announced that the bill would not hold up in court.
"I believe the state should have some say when the federal government comes in to buy land." Croud said. "The states should know in what place the government does to them."
HOUSE COMMITTEE chairman Neal Whitaker, R-Wichita, said his committee was intent on passing the bill to send a request to the governor, government, to keep its hands off Kansas."
Neil Woerman, special assistant to the attorney general, said that if the bill was passed it could not be enforced.
"Because of eminent domain, the state could probably not be successful in stopping it if the federal government wanted to go ahead and buy the land." he said.
PROPOSAL OF the bill was prompted by the Tallaghan Prairie National Reserve Bill, introduced in the U.S. House last fall by Larry Winn, R-Kan, Whitaker said.
Eminent domain, Woerman said, was the right of the federal government to acquire land through condemnation if a public purpose was involved.
Crofoot said that the people in his district were opposed to the reserve by a ratio of 99 to one.
But Ron Klataske, regional representative for the National Auburn Society in Manhattan, said the Tallgrass Prairie Reserve has been misrepresented to state legislators.
Winn's reserve bill, introduced in October, is substantially different from the Tallgrass Prairie National Park bills he had introduced in the past, Klatke said.
"The bill introduced three years ago would have allowed the Interior Department to condemn land," he said. "We didn't go along with that at all."
The current bill is written to prevent acquisition through condemnation, he said.
CONDEMNATION OF land is a tactic used by the government when the owner of the land refuses to negotiate, Klaktae said. Persons whose land is condemned are allowed to move with no recourse for court review except concerning the amount paid for the land.
"We'd like to see something come up where the state could act to protect landowners when condemnation is involved," he said.
land to the federal government also would have to go through state channels.
“Regardless of whether the owner was willing to sell or not, under this bill they’d still have to get an okay from both houses of the seller,” she said. The willer seller is being held hostage.”
A OWNER agreeing to sell his land when the Legislature was not in session, Klataske said, would not be able to receive payment because the legislature had convened and permitted the sale.
But Whitaker said he thought that the problem of selling land when the Legislature was not in session would be minimal.
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Both Crotto and Whitaker cited a similar law passed by the Oklahoma Legislature, which they said had been upheld by the Oklahoma attorney general.
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If the Legislature passed the bill, Woerman said, a court case probably would result and the state would likely lose.
But as the proposed bill stands, he said, it would mean those who willinly sold their
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But Croft said, "Who knows if it'll be tested in court? We're following Oklahoma's example, taking it from there."
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Wormman said the attorney general had cited an 1875 case, which he said established the right of the federal government to control waste as long as it was used for nularulous water.
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The Fifth Amendment to the U.S. Constitution also supports the right of the federal government to acquire land as long as just compensation is made, he said.
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UNIVERSITY DAILY KANSAN On Campus
**TODAY:** THE KU SAILING CLUB will have its weekly meeting in Pardars B and C of the Kansas Union at 7 p.m. The HERLANDLT UNION CHIRU will hold chair rehearsal in Danborf Chapel at 7 p.m. “Introduction to BMDP” will be held at Danborf Chapel, Center SEMINAR at 7:30 p.m. in the Computer Services Faculty Auditorium.
TOMORROW: Tom Eben, Gannett professional-in-residence at the School of Journalism, will talk about "What People Look for in a newspaper," in the SUNDAY FORUM at the Ecumenical Christian Ministries at 11:45 a.m. the KU INTERNATIONAL LAW SOCIETY at Cork Room 2 of the Union. The ACADEMIC COMPUTER CENTER SEMINAR, "Advanced BMDP," will be at 3:30 in the Computer Services Facility Auditorium. The movie, "A Hero Ain't Nothing but a Sandwich," will be shown by hawkroom of the Union as part of the BLACK HISTORY MONTH. The KU INTERNATIONAL LAW SOCIETY will present a lecture. The KU INTERNATIONAL LAW SOCIETY will present a lecture. "The Crisis in Iran: Some Legal Dimensions," by John Murphy, professor of Law, at 7:30 in Room 107 Green Hall. The EARLY CHILDHOOD INSTITUTE and the KU INTERNATIONAL LAW SOCIETY will present a speech by Dr Peter Smith of the University of Minnesota at 7:30 in the Woolf Court. THE ECLUSION CLUB will meet at 8 in the Rinee房 of the Union.
Registration protest scheduled
The Kansas Ant-Draft Organization is sponsoring a demonstration at 2 p.m. Saturday at Wakimie Park 11th and Massachusetts streets, to protest the use of private schools in public schools.
The organization will meet at 2 p.m. every Saturday beginning Feb. 16 in the Forum Room of the Kansas Union.
Hon Kuky, a spokesman for the group, said yesterday that Saturday *nuns* chosen as the protest date because President Carter was supposed to announce *new* laws.
Kuby said the demonstration would be peaceful and in compliance with all local ordinances. It will include guest speakers who will address various topics.
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