Section 24 Taking of Public Use Property

• Library: Condemnation Practice 2009

Special issues arise when a condemning authority seeks to acquire through eminent domain property currently used for a public purpose. As a general rule, property already devoted to a public use cannot be taken for another public use that will totally destroy or materially impair or interfere with the former use unless the intention of the legislature has been manifested in express terms or by necessary implication. State ex rel. Mo. Cities Water Co. v. Hodge, 878 S.W.2d 819, 822 (Mo. banc 1994); State ex rel. Md....