Section 25 Public Purpose

• Library: Condemnation Practice 2009

In addition to having the power to condemn, the condemning authority must show that it is taking the property interest for a public purpose. Mo. Const. art. I, § 26; U.S. Const. amend. V; State ex rel. Devanssay v. McGuire, 622 S.W.2d 323 (Mo. App. E.D. 1981). It is not necessary to a finding of public use that all, or even a large part, of the community actually benefit from the intended improvement. Rather, it is sufficient that the improvement be a benefit to any considerable number. City of Kansas City v. Kindle, 446 S.W.2d 807 (Mo. 1969); Arata v. Monsanto Chem. Co., 351 S.W.2d 717 (Mo. 1961).

Examples of public uses include the following:

• Government buildings

• Public highways

• Railroa...