Section 28 Condemnation Law and Urban Development

• Library: Urban Development Subdivisions, and Annexations (2011 Ed.)

In 2006, Missouri's eminent domain laws underwent fairly extensive rewriting, primarily as a response to the United State Supreme Court's decision in Kelo v. City of New London, Connecticut, 545 U.S. 469 (2005), and the political firestorm that ensued. A few of the more relevant provisions of Chapter 526, RSMo, are summarized here. Because use of eminent domain can be a powerful tool in urban redevelopment, counsel is cautioned to review the revisions to Chapter 523, RSMo, in their entirety.

Under Chapter 523, the power of eminent domain is vested in:

· governmental entities or agencies whose governing bodies are elected or appointed by elected officials;

· private utility companies;

· public utilities;

· rural electric cooperatives;

· municipally owned utilities;

· pipelines;

· railroads; and

· common carriers.

Section 523.262, RSMo Supp. 2010.

As noted in §1.4 above, urban redevelopment corporations may no longer exercise eminent domain authority in the name of the corporation, although corporations empowered to exercise condemnation authority under a redevelopment agreement executed before December 31, 2006, are not so affected. See § 353.130, RSMo Supp. 2010. Additionally, condemnation authority under Chapters 99 and 100, RSMo, may now be exercised only by a body "whose board members are appointed by one or more elected officials." Sections 100.420, 99.120, and 99.460.1, RSMo Supp. 2010. Transportation development districts may condemn lands in the name of the state, with prior...