HCS HB 447 -- EMINENT DOMAIN

SPONSOR:  Townley

COMMITTEE ACTION:  Voted "do pass" by the Committee on
Conservation and Natural Resources by a vote of 10 to 6.

This substitute prohibits political subdivisions and other
entities with the power of eminent domain from condemning
farmland without holding a public hearing at least 60 days before
initiating proceedings.  Entities must declare a specific
intended use for the land, consider reasonable alternatives, and
notify landowners of their legal rights.  Farmland cannot be
condemned if reasonable alternatives are available.  If land is
taken, landowners have five years to negotiate claims for damages
from construction not confirmed at the time of the original
taking.

Farmland previously acquired by eminent domain but no longer
needed cannot be resold or transferred to any private entity.
Acquired land will be returned to the original landowners or
their successors or assignees upon repayment of the original
purchase price adjusted for inflation.  If the original purchase
price cannot be documented, the original landowners or their
successors or assignees will have the first option to purchase
the property at fair market value.  Easements will be removed by
quitclaim deed.  The entity that originally acquired the land or
easement by eminent domain will remain financially liable for 10
years for environmental damage caused by the entity's use of the
property.

FISCAL NOTE:  Estimated Net Cost to Road Fund of Unknown in FY
2004, FY 2005, and FY 2006.  Expected to exceed $100,000.

PROPONENTS:  Supporters say that current law on eminent domain
does not include sufficient protection for landowners with regard
to project justification, reasonable alternatives, land value,
moving expenses, and social impacts.  The bill provides
landowners with reasonable private property rights.

Testifying for the bill were Representative Townley; Concerned
Citizens for Family Farms and Heritage; Missouri Farm Bureau;
Missouri First; Missouri Family Network; Missouri Eagle Forum;
Sierra Club; Riley Godfrey; Robert Woods; Claudia Baker; Dennis
Bax; Carolyn Koenigsfeld; Alvin Drennen; Jill Drennen; Rick
LePage; Claire Kramer; Mary Lois Arbes; Lydia Samson; Bernard
Samson; Patricia Redel; Edward Redel; Ellen Ellis; Herbert
Kramer; Jeanette Kramer; Francis Platt; Donna Hackman; Raymond
Hackman; and Larry May.

OPPONENTS:  Those who oppose the bill say that current eminent
domain procedures are balanced and include landowner rights.  The
bill will make the siting of power lines, roads, and other public
facilities more difficult and expensive.

Testifying against the bill were Burlington Northern Sante Fe
Railroad; Show Me Power Electric Cooperative; Association of
Missouri Electric Cooperatives; Missouri Municipal League;
Missouri Public Utility Alliance; Missouri Association of
Municipal Utilities; Ameren UE; Empire District Electric Company;
and Kansas City Power and Light.

Terry Finger, Senior Legislative Analyst

Missouri House of Representatives
Last Updated July 25, 2003 at 10:12 am