HB 1363 -- Eminent Domain

Sponsor:  Cooper (158)

This bill changes the laws regarding eminent domain and
condemnation proceedings.  The bill:

(1)  Requires the state or any political subdivision to develop a
written description of the project that requires the use of
eminent domain before proceeding with the condemnation of the
property;

(2)  Eliminates a political subdivision's power to exercise
eminent domain until the governing body approves the proposed
condemnation by a two-thirds majority vote;

(3)  Requires the courts to determine if the condemning entity
has the authority to exercise the power of eminent domain, the
property to be condemned is subject to the exercise of eminent
domain and is for a public use, and the condemning entity is
properly exercising the power of eminent domain in the particular
proceeding.  The court must make this determination after the
petition has been filed and prior to appointing condemnation
commissioners.  If the court finds that all the requirements have
been met, an interlocutory order to this effect will be entered.
If the court finds that the requirements have not been met, the
petition will be dismissed;

(4)  Instructs the Missouri Supreme Court to promulgate rules to
establish uniform instructions for condemnation commissioners
regarding their duties;

(5)  Prohibits the state or any political subdivision from
exercising the power of eminent domain for the purpose of
economic development;

(6)  Requires an entity with the power to condemn to provide the
owner with a summary of his or her rights through certified mail;

(7)  Requires a condemning entity before beginning the condemning
process to give notice of intent to acquire property to anyone
having an interest of record in the property involved, including
a description of the property and a notice of the property
owners' right to a hearing and that a decision may be appealed.
Upon receipt of the notice, the owners may hire an appraiser of
their choosing and submit an appraisal to the condemner.  A
condemning entity cannot make an offer to purchase property that
is less than the fair market value established by the appraisal;
and

(8)  Requires a condemner to initiate construction, improvement,
or utilization of the condemned property for the stated public
use within 48 months of its acquisition or the former owner will
have the right of first refusal to reacquire the property for the
compensated amount or fair market value.

The bill becomes effective upon the passage of a constitutional
amendment relating to eminent domain as specified in the bill.

Missouri House of Representatives
93rd General Assembly, 2nd Regular Session
Last Updated November 29, 2006 at 9:43 am