Missouri Eminent Domain Bill A Landmark In the Eminent Domain Battle

The Missouri General Assembly and Governor Matt Blunt have set the standard on eminent domain legislation and should be commended. With input from the citizens they crafted a landmark legislation to stop eminent domain abuses and showed the people of Missouri that they respect their property and their rights.

Outstanding!

The final bill sent to Blunt’s desk contains 16 of the 18 recommendations his Eminent Domain Task Force recommended. Blunt formed the task force by executive order in response to the U.S. Supreme Court decision in Kelo v. New London issued last year. The court ruled against homeowners in Connecticut who sought protection from having their homes taken by a private developer for a commercial project.

Blunt’s task force held several open meetings gathering public testimony from all interested parties on this issue.

The eminent domain bill:

• Rejects the findings of the U. S. Supreme Court in Kelo v. New London and prohibits the use of eminent domain solely for economic development purposes

Prohibits the blighting of farmland for eminent domain purposes

Contains early notice provisions to property owners whenever condemning authorities are considering the use of eminent domain

Requires condemning authorities to provide property owners a “landowners bill of rights” to educate property owners on the eminent domain process

Requires condemning authorities to negotiate in good faith and provides penalties when they fail to do so

Expands “just compensation” to include additional factors beyond fair market value, such as heritage value and homestead taking.

Requires condemning authorities to pay relocation costs to persons who are displaced by eminent domain

Requires a condemning authority to determine blight on a parcel by parcel basis rather than on an area basis

Reforms the process of acquiring easements to give property owners increased protections

Creates an office of ombudsman in state government who can assist citizens by providing free consultations and information on the eminent domain process via Kansas City infoZine

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