HJR 52 -- Eminent Domain

Sponsor:  Harris

Upon voter approval, this proposed constitutional amendment
changes the requirements for taking property by the power of
eminent domain by the state or political subdivisions of the
state including cities with a charter form of government.  In its
main provisions, the amendment:

(1)  Prohibits the use of eminent domain by any entity other than
the state;

(2)  Prohibits private property from being taken or damaged
unless it is necessary for a public use and just compensation is
rendered;

(3)  Requires the admission of evidence involving the use of
appraisals typical to the ordinary course of business for
determining the value of the taken property;

(4)  Prohibits the taking of property for transfer to another
private party;

(5)  Requires the state to accomplish its declared purpose for
taking property within five years or, upon the request of the
original owner, to relinquish the property back to its original
owner for no more than the compensation paid;

(6)  Requires the state to offer the first opportunity to buy
back property or rights in property to the original owner if the
state decides to relinquish these rights within a 20-year period
after the original taking; however, interests less than fee title
may be conveyed to a privately owned business to provide products
or services incidental to the function of a publicly owned
facility; and

(7)  Requires public utilities, railroads, and rural electric
cooperatives to allow owners and their successors to retain
interests in property that is partially used for public purposes.

Missouri House of Representatives
95th General Assembly, 2nd Regular Session
Last Updated September 14, 2010 at 3:14 pm