HB 803 -- HIGHWAY CONSTRUCTION AND MAINTENANCE

SPONSOR:  Lipke (157)

COMMITTEE ACTION:  Voted "do pass" by the Committee on
Transportation and Motor Vehicles by a vote of 18 to 2.

This bill requires that when the State Highways and
Transportation Commission acquires real estate through eminent
domain, the restriction or loss of access to any adjacent highway
be considered when assessing damages.  Restriction or loss of
access includes the prohibition of making right or left turns
into or out of the real estate involved, if access was present
before the proposed improvement was built.

The bill contains an emergency clause.

FISCAL NOTE:  No impact on state funds.

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 this issue is
already considered when property is taken through eminent domain.

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 11:13 am