Section 6.4 Constitutional Limitations

• Library: Local Government Deskbook (2017 Ed.)

B. (§6.4) Constitutional Limitations

The power to zone stems from Article IV, Section 37 of the Missouri Constitution, which provides, in pertinent part, that:

The health and general welfare of the people are matters of primary public concern; and to secure them . . . the general assembly may grant power with respect thereto to counties, cities or other political subdivisions of the state.

Consistent with this constitutional provision, the General Assembly has delegated the police power to regulate land use to the counties, cities and other political subdivisions.

The Lamar Co. v. City of Columbia, 512 S.W.3d 774, 784 (Mo. App. W.D. 2016).

Although the zoning power granted to local governments is legislative in nature and broad in scope, it is not unlimited. Despotis v. City of Sunset Hills, 619 S.W.2d 814 (Mo. App. E.D. 1981). By its nature, land use control is in derogation of private property rights and, therefore, to be justified, must bear a substantial relationship to the public health, safety, and welfare. Home Bldg. Co. v. City of Kansas City, 609 S.W.2d 168 (Mo. App. W.D. 1980). As a general matter, the constitutionality of the planning and zoning enabling statutes has long been established in Missouri. State on inf. of Wallach v. Loesch, 169 S.W.2d 675 (Mo. 1943). But a particular local regulation must still be “reasonable” as applied to a particular piece of property. This determination is a function of weighing the public benefit against the private detriment under all the circumstances in the given locality. Loomstein v. St. Louis Cnty., 609 S.W.2d 443 (Mo. App. E.D. 1980). Unreasonableness as applied has become the principal constitutional ground for obtaining judicial relief from legislative zoning decisions. State ex rel. Kolb v. Cnty. Court of St. Charles Cnty., 683 S.W.2d 318 (Mo. App. E.D. 1984).

Dedication of real property to local government for a right-of-way in exchange for rezoning the remainder of the property is a...