Section 29 Judicial Review of Legislative Determination of Blight

• Library: Condemnation Practice 2009

Although article I, § 28, of the Missouri Constitution provides that legislative determinations of public purpose are not entitled to deference, article VI, § 21, of the Missouri Constitution specifically provides for the enactment of laws or ordinances to address blighted areas. The Supreme Court of Missouri has resolved the apparent contradiction between these two provisions by holding that the courts must determine if the taking is for a public purpose. The legislative determination of the existence of...