A Resolution authorizing the Legislative Coordinating Council to intervene in the Kansas Supreme Court
case, State ex rel. Tomasic v. The Unified Government of Wyandotte County/Kansas City, Kansas.
WHEREAS, 1998 House Bill No. 2631 authorized the issuance of special revenue
bonds to aid in the construction of a major motor speedway in the state; and
WHEREAS, The motor speedway is expected to attract a great number of tourists
to the state and provide a strong boost to the economy of the state; and
WHEREAS, As a part of the eminent domain procedures included within the bill,
the legislature included language providing for a payment of 125% of the appraised
value of the property of citizens located within the motor speedway's redevelopment
district as a reward for the sacrifice by the property owners within the district for the
economic development of the entire state and as a recognition of the fact that the
property taken within the district was for the purpose of creating a private develop-
ment intended to stimulate the state's tourism industry as a whole; and
WHEREAS, The Kansas Legislature enacted House Bill No. 2631 on February
17, 1998, and the same was approved by the Governor on February 25, 1998; and
WHEREAS, Subsequently, the constitutionality of a portion of 1998 House Bill
No. 2631 was questioned in a quo warranto action filed in the Kansas Supreme Court;
and
WHEREAS, During the legislative session one house of the legislature must pass
a resolution authorizing the Legislative Coordinating Council to file or to intervene
in a lawsuit, pursuant to K.S.A. 46-1224: Now, therefore,
Be it resolved by the House of Representatives of the State of Kansas: That the
Legislative Coordinating Council is authorized to intervene in the Kansas Supreme
Court case, styled State ex rel. Tomasic v. The Unified Government of Wyandotte County/Kansas City, Kansas, case number 81,074; and
Be it further resolved: That the Chief Clerk of the House of Representatives be
directed to provide an enrolled copy of this resolution to the Chairperson of the
Legislative Coordinating Council.
I hereby certify that the above Resolution originated in the House, and was
adopted by that body