Section 6 Missouri Constitution

LibraryCondemnation Practice 2009

Article I, § 10, of the Missouri Constitution parallels the Fourteenth Amendment of the United States Constitution by imposing due-process limitations in favor of anyone deprived of a property right. In addition, article I, § 26, prohibits the taking or damaging of property for public use without just compensation and provides that the compensation to be paid must be determined by a jury or a board of three commissioners and paid before the title can be disturbed. Accordingly, a landowner has a right to “just compensation” against a public body or corporation taking private property for public use. Mo. Const. art. I, § 26; Barr v. Kamo Elec....

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