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

Title VII Cities, Towns and Villages

71.019 Annexation of townsite

71.350 Parking facilities (cities of 1,000 to 700,000)

71.590 Street railways

80.090 Towns and villages

81.170 Special charter cities (cities of 10,000 to 30,000)

82.240 Cities, towns, and villages, condemnation power of

charter may authorize

82.450 Corporation may condemn land for marketplace

82.470 Parking facilities (cities of more than 700,000)

82.790 Condemnation of property outside city limits

(cities of 500,000 or more)

88.010 Public works and special assessments

88.093 Street grading

88.497 Third class cities—public works and special

assessments

88.667 Fourth class cities—public works and special

assessments

88.950 Special benefit parking districts (cities 80,000 to

200,000 in first class charter counties)

90.020 Parks

91.080 Water companies—cities, towns, and villages

91.570 Special charter...