Section 26 Standard of Review

• Library: Condemnation Practice 2009

The Missouri Constitution specifies that the issue of public use must be resolved by the court “without regard to any legislative declaration that the use is public.” Mo. Const. art. I, § 28. Thus, while a legislative determination that a use is public is one piece of evidence a court may consider in reaching its decision on the issue of public use, the legislative finding of public purpose is not determinative. City of Kansas City v. Hon, 972 S.W.2d 407 (Mo. App. W.D. 1998); see alsoIn re Coleman...