Friday, May 5, 2006
Contact: Spence Jackson, 573-751-0290
Blunt Lauds Passage of Eminent Domain Bill
JEFFERSON CITY–Gov. Matt Blunt commended the Missouri General Assembly today for passing a tough bill to prevent abuse of eminent domain laws, one of his top legislative priorities for the year.
“This legislation achieves my twin goals of protecting the rights of responsible property owners and the rights of local communities to remove damaged or neglected properties,” Blunt said. “I thank the General Assembly for acting so quickly on my recommendations to protect Missourians from abuse of eminent domain laws when no clear public interest exists.”
The final bill sent to Blunt’s desk contains 16 of the 18 recommendations his Eminent Domain Task Force recommended. Blunt formed the task force by executive order in response to the U.S. Supreme Court decision in Kelo v. New London issued last year. The court ruled against homeowners in Connecticut who sought protection from having their homes taken by a private developer for a commercial project.
Blunt’s task force held several open meetings gathering public testimony from all interested parties on this issue.
The eminent domain bill:
- Rejects the findings of the U. S. Supreme Court in Kelo v. New London and prohibits the use of eminent domain solely for economic development purposes
- Prohibits the blighting of farmland for eminent domain purposes
- Contains early notice provisions to property owners whenever condemning authorities are considering the use of eminent domain
- Requires condemning authorities to provide property owners a “landowners bill of rights” to educate property owners on the eminent domain process
- Requires condemning authorities to negotiate in good faith and provides penalties when they fail to do so
- Expands “just compensation” to include additional factors beyond fair market value, such as heritage value and homestead taking.
- Requires condemning authorities to pay relocation costs to persons who are displaced by eminent domain
- Requires a condemning authority to determine blight on a parcel by parcel basis rather than on an area basis
- Reforms the process of acquiring easements to give property owners increased protections
- Creates an office of ombudsman in state government who can assist citizens by providing free consultations and information on the eminent domain process
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