HB 1504 -- HIGHWAY ACCESS

SPONSOR:  Lipke (157)

COMMITTEE ACTION:  Voted "do pass" by the Committee on
Transportation and Motor Vehicles by a vote of 15 to 3.

This bill changes the way property values are determined in cases
where the Highways and Transportation Commission takes property
through the power of eminent domain.  The court, commissioners,
and jury hearing a condemnation proceeding must consider any loss
of highway access suffered by the landowner when determining
damages.

The bill contains an emergency clause.

FISCAL NOTE:  No impact on state funds in FY 2005, FY 2006, and
FY 2007.

PROPONENTS:  Supporters say that proper consideration of the
restriction or loss of access must be taken into account when
assessing a property owner's damages.

Testifying for the bill was Representative Lipke (157).

OPPONENTS:  Those who oppose the bill say that loss of access is
currently considered when land is taken for a highway project.
They are concerned that putting this in statute will encourage
special consideration over other issues that must also be
considered during the process and in turn add more cost to
highway projects and may affect the Department of
Transportation's access management program.

Testifying against the bill was Department of Transportation.

Robert Triplett, Legislative Analyst

Missouri House of Representatives
92nd General Assembly, 2nd Regular Session
Last Updated September 23, 2004 at 11:15 am