HJR 53 -- Eminent Domain

Sponsor:  Lembke

This proposed constitutional amendment restricts, upon voter
approval, the power of eminent domain.  In its main provisions,
the amendment:

(1)  Specifies that the power of eminent domain will only be
vested in the state or political subdivisions of the state whose
officials are directly responsible to elected officials;

(2)  Specifies that private property cannot be taken or damaged
unless it is necessary for a public use and just compensation is
provided;

(3)  Prohibits private property from being taken for private use
or private ownership without the consent of the owner;

(4)  Specifies that the original owner has a right of reversion
after five years if the use of the property taken by eminent
domain is not earnestly or substantially pursued;

(5)  Allows any property to be taken for transportation or
utility facilities or transmission systems used by railroads,
regulated utility, or rural electric cooperatives while keeping
ownership of the property with the original owner; and

(6)  Specifies that the rights in property taken by eminent
domain cannot be sold, transferred, leased, or otherwise made
available for use by a private entity within 20 years of the
taking by eminent domain unless the original owner has been
offered the first opportunity to purchase the property back at a
price no greater than the amount paid at the time the property
was taken.

The amendment becomes effective November 8, 2006.

Missouri House of Representatives
93rd General Assembly, 2nd Regular Session
Last Updated November 29, 2006 at 9:46 am