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Regulatory Taking, Eminent Domain, Real Property

Both the Missouri and US Constitutions prohibit the “taking” of private property without just compensation. A “taking” can occur in a variety of situations. It is not just when a government seizes possession of property. A “regulatory taking” occurs when a government regulation goes too far. Clay County ex rel. County Com’n v. Harley and […]

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Blighted Areas & Eminent Domain, Constitutional “Takings”

Eminent domain is the power of the government to compel the purchase of private property for public use/purpose. The constitutional basis for eminent domain by the State of Missouri is articulated in Article I, Section 26 of the Missouri Constitution:¬†That private property shall not be taken or damaged for public use without just compensation.¬†Under Missouri […]

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Eminent Domain

The legal authority for eminent domain is constitutional. Article I, Section 26 of the Missouri Constitution provides: That private property shall not be taken or damaged for public use without just compensation. Such compensation shall be ascertained by a jury or board of commissioners of not less than three freeholders, in such manner as may […]

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Eminent Domain, Property Takings (Fifth Amendment)

Eminent domain is one of those hot button policy issues that almost always draws the ire of private property owners, despite it usually resulting in large cash settlements for a property owner. Both the Missouri Constitution and Federal Constitution address eminent domain — that is, the government’s authority to take private property. Article I, Section […]

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Eminent Domain Litigation

Eminent domain refers to the state and federal government’s ability to seize a private citizen’s property without his or her consent for public use/benefit. The Federal Government’s eminent domain authority flows from the 5th Amendment’s “Takings Clause,” which provides in pertinent part that “nor shall private property be taken for public use, without just compensation.” […]

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