Legal TREND. State Supreme Court. Restrictive Covenants Can Trigger Takings.

Kansas Supreme Court ruled in late July 2017 that a violation of a restrictive covenant by an entity with the power of eminent domain is a taking requiring compensation requiring just compensation.

Thats a lot of legal words, what does it mean? In this Kansas case it means that Kansas DOT acquired land that was restricted to single family homes via restricted covenant. When KSDOT builds a bridge or roadway on that land it creates a compensable damage to the subdivision that created the restrictive covenant.

Creegan v. Kansas, 391 P.3d 37 (Kan. 2017)