Section 8.16 Eminent Domain

• Library: Local Government Deskbook (2017 Ed.)

1. (§8.16) Eminent Domain

Municipalities may, if authorized by statute or perhaps charter, acquire property for municipal purposes by eminent domain in accordance with the particular statutory or other requirements pertaining to municipal condemnation.

The general statutory provisions for exercise of eminent domain by municipalities are set forth in §§ 88.010–88.077, RSMo 2016. Section 88.077, RSMo 2016, requires that extraterritorial condemnation be governed by the law relating to condemnation by railroads. Condemnation procedure is traditionally regarded by Missouri courts as a matter of local, rather than statewide, concern. Accordingly, general procedures for municipal condemnation may be superseded by city or county charter provisions. See:

· City of Kansas City v. Marsh Oil Co., 41 S.W. 943, 947 (Mo. banc 1897)

· Troost Ave. Cemetery Co. v. Kansas City, 154 S.W.2d 90 (Mo. banc 1941)

· State ex rel. St. Louis Cnty. v. Campbell, 498 S.W.2d 833 (Mo. App. E.D. 1973)

A charter city can condemn...