SECOND REGULAR SESSION
93RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES LEMBKE (Sponsor), PORTWOOD, AVERY, HARRIS (110), SATER, WELLS, CUNNINGHAM (86), MEADOWS, ROARK, McGHEE, WHORTON, BROWN (50), SUTHERLAND, COOPER (155), EMERY, ERVIN, NIEVES, STEVENSON, SPRENG, RUCKER, SCHAD AND JONES (Co-sponsors).
Read 1st time January 25, 2006 and copies ordered printed.
STEPHEN S. DAVIS, Chief Clerk
AN ACT
To amend chapter 523, RSMo, by adding thereto one new section relating to eminent domain, with an emergency clause.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 523, RSMo, is amended by adding thereto one new section, to be known as section 523.105, to read as follows:
523.105. 1. Notwithstanding any other provision of law to the contrary, prior to January 1, 2007, no condemnation procedures under this chapter or any exercise of any eminent domain authority by the state or by any city, town, village, or other political subdivision or any entity which has eminent domain authority shall be commenced which involve property to be sold, transferred, possessed, or otherwise used by a private entity.
2. Notwithstanding the provisions of chapter 99, RSMo, to the contrary, prior to January 1, 2007, no tax abatements shall be granted for any portion of property in a tax increment financing project for which eminent domain has been utilized.
3. The provisions of subsections 1 and 2 of this section shall not apply to the following:
(1) Where the particular property obtained by eminent domain is blighted and renders it a significant hazard to public health and safety;
(2) Where the particular property or property right obtained by eminent domain is required to provide a private way of necessity as provided in section 28, article I, Constitution of Missouri; or
(3) Where a property interest less than fee simple has been granted for the purpose of providing products or services incidental to the function of a publicly owned facility.
Section B. Because immediate action is necessary to prevent abuse of the power of eminent domain pending further review by the general assembly, section A of this act is deemed necessary for the immediate preservation of the public health, welfare, peace, and safety, and is hereby declared to be an emergency act within the meaning of the constitution, and section A of this act shall be in full force and effect upon its passage and approval.
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