Section 47 Authority for Exercise of Power of Eminent Domain

• Library: Condemnation Practice 2009

The following is a partial list of Missouri constitutional and statutory authority for exercise of the power of eminent domain.

Constitutional Articles and Sections

Art. I, § 26 Compensation for property taken by eminent

domain

Art. I, § 27 Acquisition of property in excess of requirement

authorized

Art. I, § 28 Drains and ditches

Art. III, § 48 Historical memorials and monuments

Art. IV, § 29 Highways and Transportation Commission

Art. IV, § 41 Conservation Commission

Art. VI, § 21 Constitutionally chartered cities and counties may

reclaim blighted areas

Statutory Sections (RSMo 2000 unless indicated by an asterisk, which indicates RSMo Supp. 2008; a double asterisk indicates that the multiple sections cited are in RSMo 2000 and Supp. 2008)

Title II Sovereignty, Jurisdiction and Emblems

8.240 Board of Public Buildings

8.380 Board of Public Buildings—city office buildings

12.010 United States purposes

Title V Military Affairs and Police

44.100* Civil defense

Title VI County, Township and Political Subdivision

Government

49.300 County Commission

60.540 Missouri Department of Natural Resources

64.320 Landfills, parks, and recreation (charter counties)

64.390 Recreational lands (second class counties)

64.940* County Sports Complex Authority

67.653 Regional Convention and Sports Complex

Authority

67.755 Recreational systems of political subdivisions

67.885 Open space conservation (counties over 200,000

and adjoining counties and cities)

68.025* Port Authorities

70.240 Political subdivisions

70.340 Sewers and levees—political subdivisions

70.373 Bi-State Metropolitan Development District

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