Section 10 Proper Delegation

• Library: Condemnation Practice 2009

The scope of authority to exercise the power of eminent domain
is set forth in the statute or ordinance in which that power has been delegated. Accordingly, the validity of the statute or ordinance purporting to delegate the power and the scope of that power are legitimate areas of inquiry by the landowner’s counsel. Because the power to condemn private property for a public use is in derogation of the common law, the statute or ordinance conferring this power is strictly construed in favor of the landowner. City of Caruthersville v. Faris, 146 S.W.2d 80 (Mo. App. S.D. 1940); State ex rel. Mo. Cities Water Co. v. Hodge, 878 S.W.2d 819 (Mo. banc 1994); State ex rel. State Highway Comm’n v. Pinkley, 474 S.W.2d 46 (Mo. App. E.D. 1971).

But the burden of proving that a statute or ordinance is invalid lies with the landowner, and the burden is a heavy one indeed. Every duly enacted ordinance is presumed to be valid. Parking Sys., Inc. v. Kansas City Downtown Redevelopment Corp., 518 S.W.2d 11 (Mo. 1974); State ex rel. City of Creve Coeur v. Weinstein, 329 S.W.2d 399 (Mo. App. E.D. 1959). Thus, in the...