Section 3 Police Power Distinguished
| Library | Condemnation Practice 2009 |
It is important to distinguish between an exercise of police power and the use of the power of eminent domain. Eminent domain involves the taking of property for public use and requires just compensation to the landowner. The police power of the state regulates the use of private property without compensation in the interest of protecting the health, welfare, or safety of the community. City of Independence v. Richards, 666 S.W.2d 1 (Mo. App. W.D. 1983).
As a general rule, a regulation will be upheld as a valid exercise of police power if it bears a “substantial...
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