Lawrence is sprawling. But, like in most developing cities, the city management is trying to avoid ugly urban sprawl and suburbia that stretches out to the horizon.
The city commissioners brought in PlaceMakers, a group that specializes in traditional neighborhood development (http://www.placemakers.com ) to help with help. The group offers an alternative called “SmartCode” to Lawrence’s existing development code to make the city more attractive for potential residents.
“I don’t want it to be attractive,” Lin Topping, Lawrence resident, says. “I don’t need people coming in.”
Topping is one of Lawrence’s residents who is threatened by the city’s growth. An interchange needs to be built for the future of city development west of K-10, according to a memorandum from City Manager David Corliss. This interchange would take another chunk out of the Topping land at 1500 Road and K-10.
Topping is concerned not for herself, but for her father. “It is definitely his heart and soul,” she says.
The city annexed three acres from my grandfather, Topping says. They took 12 acres from my father for the interchange. The city representative said we won’t use eminent domain. Now they’re asking for 12 to 15 more acres for the same interchange.
Eminent domain is the government’s power to take private property for public use, John Solbach, Lawrence attorney at law says. The city annexes the land for various projects but must give the landowner a fair price.
Topping’s great-grandfather, James Richard Topping, homesteaded the land in 1870. It’s been passed down through her family and is now owned by her father, James Richard Topping. Lin Topping lives on the 180 acres today. The land is the site of an Underground Railroad stop. A leg of the Oregon Trail passes through it and ponds made by Topping’s great-grandfather contribute to the spillway that makes a waterfall in the wet season.
The land is not currently under the jurisdiction of the City of Lawrence, Kevin Doyle, city infrastructure and development coordinator, says. “But if the city decides to annex it, it’s not a terribly lengthy process.”
“If we can just keep it intact as long as Dad lives, so he can live out the rest of his life without seeing it chopped up,” Topping says.
Topping has seen what the use of eminent domain can do.
“There’s been a real misuse of eminent domain in the past,” Topping says. “There are a lot of farmers that are really taken advantage of by developers.”
The City of Lawrence opposes changes to the current annexation policy. The policy is an important city managing and planning tool, according to the City of Lawrence 2007 Legislative Policy statement (http://www.lawrenceks.org/legislative_policy).
Topping talks about her friend Jane Buttenhoff, maiden name Sutton, whose childhood home was on a farm in West Lawrence. The Sutton farm is now under the waters of Clinton Lake.
”They said, ‘We’re putting a lake in here and we’re going to take your property,’” Jane Buttenhoff, Overbrook resident says. “We didn’t have any option.”
The Corps of Army Engineers built Clinton Lake in the 1970s as a U.S. Government project.
The Corps told the Suttons that they couldn’t pay what it would take to replace the land, Buttenhoff said. It came down to the final offer and our choice was to take it or file a lawsuit.
The construction could not start without demolition. The Corps had to either bury or blow up all of the buildings in the area.
Some of the bridges were blown up by the demolition team, Buttenhoff said. The blasts could be seen and felt within at least a mile radius.
“They broke windows, cracked my chimney and the cows went crazy.”
Buttenhoff says that the construction traumatized the area and its residents.
Topping has a realistic outlook on city growth. She says she used to live in a suburban area and saw it grow and take over the surrounding fields.
“I understand the concept of bringing in families and development,” Topping said. ”It’s not until now that you think about the poor farmer that used to live there.”
Buttenhoff and Topping both agree on one matter regarding the government’s decision to take over private land. It’s just not something you can control.
If the city decides to use eminent domain, a legal process takes place and there can be some negotiation, but there is generally little the resident can do, Doyle says.