Eminent domain law needs revision

Wednesday, December 5, 2007 | 10:00 a.m. CST; updated 2:53 p.m. CDT, Monday, July 21, 2008

In 2005, the U.S. Supreme Court decided eminent domain could be used to take property from one private party and give it to a second private party. This flew in the face of the Takings Clause of the Fifth Amendment of the U.S. Constitution and energized many state legislatures into passing bills limiting the use of eminent domain for private development. Unfortunately, Missouri’s law, HB 1944, offered only weak protection of private property rights. The Castle Coalition considered Missouri one of the worst states for eminent domain abuse and gave Missouri’s legislative attempt a D grade in a recent report.

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