It has been two years since the Supreme Court's ruling against private property owners in the Kilo Case in New London, Connecticut. Since the Supreme Court’s ruling, several states have passed eminent domain reform. The Castle Coalition, a nationwide property rights advocacy group associated with the Institute of Justice, graded states on progress toward eminent domain reform. States where it is now impossible or extremely difficult for government to take private property for another individual's private gain got high marks and those where it is easy got low marks. States that failed to pass any eminent domain reform received a failing grade. Missouri received a grade of "D".
Missouri’s House Bill 1944, effective in August of 2006, did specify that property cannot be condemned "solely" for economic development and ends the prior practice of letting private developers initiate condemnations on their own behalf. However, the Bill allows government agencies to take private property for the use of other private parties for any other justification. Although House Bill 1944 exempts farm land from being declared blighted, it "continues to let cities condemn whole neighborhoods as 'blighted' based on vague, subjective factors,". Such factors include "inadequate street layout," "unsafe conditions" and "obsolete platting." Any Missouri community, no matter how well maintained, could be at risk.
Wrote about you guys in my blog:
http://www.proctorformayor.com/2007/07/12/eminent-disdain/
Posted by: AARON PROCTOR | July 12, 2007 at 09:12 AM
People should read this.
Posted by: Twyla | October 28, 2008 at 09:13 AM
Jim Roos says it well in his St. Louis Post-Dispatch comment: "People with the power to take your property eventually will abuse that power."
Speaking as someone actually fighting eminent domain in federal court with Houston-based Spectra Energy, I can confirm that the power of eminent domain in the hands of government — which is transferred to a business — creates a sense of entitlement; and it creates an atmosphere ripe for abuse.
One of our goals is to share information with fellow property owners who are involved in property rights issues. Our website has begun to draw inquiries from Massachusetts to Oklahoma and Texas from folks facing similar challenges.
For info, our site includes a landowner video to put a face on the property rights movement and blog postings:
http://www.spectraenergywatch.com/blog/
Keep fighting in Missouri.
Posted by: MikeB | May 29, 2009 at 04:53 AM
this is a very informative article. It can be very easy for the government to take advantage of eminent domain.
Posted by: st clair county easement | July 21, 2009 at 11:23 AM
We seem to have hit the dead end as the three organs of the state are powerless to undo the damage.
Posted by: Colon Cleanse | October 22, 2009 at 09:55 PM
I can confirm that the power of eminent domain in the hands of government.
Posted by: Acai Berry | October 31, 2009 at 04:30 AM
Watch Burberry Watch
Posted by: arrincveirm | October 04, 2011 at 10:52 AM