SB 86 -- CONDEMNATION PROCEEDINGS

SPONSOR:  Crowell (Stevenson)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Judiciary
by a vote of 9 to 1 with 2 present.

This bill increases the time parties are allowed to request the
circuit court to review a report in condemnation proceedings from
10 days to 30 days after service of the notice to conform with
the current Missouri Supreme Court rule.

FISCAL NOTE:  No impact on state funds in FY 2006, FY 2007, and
FY 2008.

PROPONENTS:  Supporters say that Missouri's statutory definition
of "blight" is problematic because any property could be
considered blighted.  Missouri's test is purely subjective, and
there are no objective criteria for determining blight.  Private
property should only be taken for public use, not for another
private use that generates more tax revenue.  Municipalities
should pay more attention to property owners, and commissioners
should be more knowledgeable about the process.

Testifying for the bill were Representative Hobbs; Institute for
Justice; American Farm Bureau Federation; Justrite Rubber Stamp
and Seal Company; Kathy Tripp; Phillis Hardy; Doug McDaniel;
Claire Kramer; Claudia Baker; Donna Hackmann; and Missouri Bar.

OPPONENTS:  Those who oppose the bill say that it will stifle
progress and economic development.  Limiting the power of eminent
domain will allow property owners to hold a project hostage.

Testifying against the bill were Missouri Economic Development
Financial Association; Home Builders Association of Greater St.
Louis; and Spencer Thomson.

Amy Woods, Senior Legislative Analyst

Missouri House of Representatives
93rd General Assembly, 1st Regular Session
Last Updated August 25, 2005 at 1:21 pm