KSHB 41 reporter Alyssa Jackson covers portions of Johnson County, including Overland Park, Shawnee and Mission. If you have a story idea to share, send Alyssa an email to alyssa.jackson@kshb.com.
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Racially restrictive covenants are clauses in property deeds that prohibit certain groups of people from buying, leasing, or occupying a property based on race, color, religion, or national origin.
The covenants are not enforceable because of a 1948 U.S. Supreme Court case, but they still exist in property records throughout the country.
They're said to exist in land records throughout Roeland Park, Prairie Village and Overland Park.
The City of Overland Park City Council unanimously passed a resolution Monday night to release covenants from the original documentation.
Council President Logan Heley shared a copy of the clause that still exists in records for his family home.
It reads: "None of said lots or portions of lots can be sold, conveyed, transferred leased, rented, owned used or occupied by any person of negro blood."
"When I first saw this issue, I was thinking of neighborhoods that weren't mine but it turns out the house I grew up in has a restrictive covenant," Heley said.
He represents Ward I in the northernmost areas of the city.
While the city has not identified an exact number of homes with restrictive covenants, Heley said they probably exist in Overland Park's older neighborhoods dating back to the mid-1900s.
"To have that kind of language in a legal document — enforceable or not is disgraceful," he said. "It's not something we should allow."
What's the process?
Until this year, there has never been a law in Kansas that allows properties to be released from covenants.
House Bill 2562, according to the Johnson County Register of Deeds, gave property owners, homeowner associations, and local governments the authority to review properties and release restrictive covenant language from those records.
The county's Register of Deeds office said they were involved in the legislative process before the law passed.
"I think this is a great opportunity for homeowners to take a look at those documents, to know this is illegal and unenforceable but they can file this release for peace of mind," said Amy Meeker-Berg, Johnson County Clerk and Register of Deeds.
The term "release" is an action that can be taken to declare, in the same existing document, that restrictive covenants are unenforceable and illegal.
The original language can't be erased, but there is now a formal process that denounces the practice.
Roeland Park was the first city in Johnson County to make this effort. Now, the City of Overland Park will follow.
Next Steps
Following Monday night's vote, the City of Overland Park plans to hire a title research company to identify households with restrictive covenants.
By law, the city's involvement can only apply to households without a homeowners association (HOA). If you live in a neighborhood with an HOA, you can work with the organization or contact the Johnson County Register of Deeds office.
After the company completes the city's research, the Johnson County Register of Deeds will record a certificate of release for all the properties.
"These covenants are not enforceable today because of a Supreme Court action...Supreme Court actions can be reversed," Heley said. "The Civil Rights Movement and horrible racist acts didn't just happen in the deep south – they happened in Johnson County, Kansas."
Heley hopes the process is complete by early next year.
Johnson County has a list of of FAQs on their website detailing the process and any related costs.
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