Section 7.33 Does the Regulation Have an Unduly Harsh Impact on the Use of Property?

• Library: Local Government Deskbook (2017 Ed.)

3. (§7.33) Does the Regulation Have an Unduly Harsh Impact on the Use of Property?

The Supreme Court of Missouri suggested in City of St. Louis v. Brune, 515 S.W.2d 471, 474 (Mo. banc 1974), that regulations are invalid when they become “confiscatory.”

The facts of Brune provide one of the best illustrations from the Missouri cases of the idea that a regulation can be held invalid if it deprives property of too much value. The case involved the requirement in the St. Louis housing code that every dwelling unit have a tub or shower with hot and cold water. The owner conceded that he owned two apartment buildings that did not meet this requirement. The Court found that:

· the two buildings had no sale value and no loan value;

· the area had been largely vandalized;

· many of the buildings in the area were vacant; and

· most of the owner’s tenants were living on welfare or Social Security.

The Court also found that:

· the required improvements would cost approximately $7,800 per building;

· making the improvements would necessitate raising rents to $60 a month, which the tenants could not afford to pay; and

· the net result of applying the

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