Missouri judge rejects eminent domain ballot summary

Tuesday, June 30, 2009 | 4:35 p.m. CDT

JEFFERSON CITY — A Missouri judge has struck down a ballot summary prepared by Secretary of State Robin Carnahan for a proposed constitutional amendment that would restrict eminent domain.

Cole County Circuit Judge Richard Callahan ruled Tuesday that the summary is "insufficient and unfair" because it suggests the measure would add some restrictions that already exist in the constitution.

He specifically pointed to wording saying the measure would require a public use for the taking of private property and would require that landowners receive fair compensation.

The ruling marks the second time within a week that Callahan has struck down ballot summaries prepared by Carnahan. He previously invalidated the summary for a proposal limiting affirmative action programs.

Both rulings can be appealed.

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