Section 21 Power of Eminent Domain

• Library: Condemnation Practice 2009

The condemning authority must first establish that it has the power of eminent domain. The power of eminent domain can be found in the inherent right of sovereignty or through a proper delegation of that power. The State of Missouri possesses the power of eminent domain as an inherent right of sovereignty. State ex rel. Mo. Cities Water Co. v. Hodge, 878 S.W.2d 819, 820 (Mo. banc 1994). This power rests with the state, and it does not naturally inhere in counties, municipalities, or public service corporations. In re Armory Site in Kansas City, 282 S.W.2d 464 (Mo. 1955); City of Kansas City v. Hon, 972 S.W.2d 407 (Mo. App. W.D. 1998); City of Smithville v. St. Luke’s Northland Hosp. Corp., ...