Section 28 Permanent Regulatory Takings

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

Missouri courts consider the same factors as the United States Supreme Court in determining whether a taking has occurred under the Missouri Constitution. Schnuck Mkts., Inc. v. City of Bridgeton, 895 S.W.2d 163, 168 (Mo. App. E.D. 1995) (citing Penn Cent. Transp. Co. v. City of New York, 438 U.S. 104, 124 (1978)). Missouri has also adopted the Supreme Court's standard (since rejected in Lingle v. Chevron U.S.A. Inc., 544 U.S. 528 (2005)), that a compensable taking occurs when the regulation does not...