Section 7.31 Does the Regulation Further an Acceptable Public Purpose?

• Library: Local Government Deskbook (2017 Ed.)

1. (§7.31) Does the Regulation Further an Acceptable Public Purpose?

The Fifth and Fourteenth Amendments to the United States Constitution and article I, § 26, of the Missouri Constitution not only require compensation for the taking of private property but also require that the property be taken only for a public purpose. The public purpose doctrine limits both the uses for which public funds may be spent and the purposes for which regulation may be imposed.

In Missouri, building, housing, and health regulations further acceptable public purposes. See:

· Schroeder v. City of St. Louis, 228 S.W.2d 677

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