Section 1.14 Constitutional Limitations on Local Authority

• Library: Local Government Deskbook (2017 Ed.)

G. (§1.14) Constitutional Limitations on Local Authority

In ascertaining the extent to which local governments are given power by the Constitution, the limitations imposed by the Constitution are likewise instructive. Perhaps the most fundamental limitations are those set forth in article I, Bill of Rights, of the Missouri Constitution, which apply to the state as well as to local governments. Apart from the numerous personal rights upon which the government may not intrude, the Bill of Rights prohibits:

· use of public aid for religious purposes, Mo. Const. art. I, § 7;

· the taking of private property for public use without just compensation, Mo. Const. art. I, § 26; and

· the taking of private property for private use (with some exceptions), Mo. Const. art. I, § 28.

Note should also be taken that some provisions of article III of the Missouri...