Eminent Domain Developments

The Missouri General Assembly has just passed HR 1944, an interesting approach to balancing governmental interests in use of eminent domain powers and private parties' concerns about potential governmental overreaching.  The St. Louis Post-Dispatch highlights key features, including special protections for farms, requirements that governments pay certain moving expenses, requirements that governments pay homeowners 25% more than property would command on the open market, and payment of enhanced "heritage value" (based on number of years owned) for homeowners and businesses with fewer than 100 employees.  The legislation also calls for creation of the position of ombudsman by the office of public counsel to assist citizens and document the use of the eminent domain power.