Bill Text: MO HB2397 | 2010 | Regular Session | Introduced
Bill Title: Specifies that certain powers of eminent domain can only be exercised so long as the property obtained is owned by a public entity, political subdivision, or governmental entity or agency
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-05-14 - Referred: Local Government (H) [HB2397 Detail]
Download: Missouri-2010-HB2397-Introduced.html
SECOND REGULAR SESSION
95TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE LEARA.
5440L.01I D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To repeal section 523.262, RSMo, and to enact in lieu thereof one new section relating to the power of eminent domain.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 523.262, RSMo, is repealed and one new section enacted in lieu thereof, to be known as section 523.262, to read as follows:
523.262. 1. Except as set forth in subsection 2 of this section, the power of eminent domain shall only be vested in governmental bodies or agencies whose governing body is elected or whose governing body is appointed by elected officials or in an urban redevelopment corporation operating pursuant to a redevelopment agreement with the municipality for a particular redevelopment area, which agreement was executed prior to or on December 31, 2006, so long as the property obtained by the power of eminent domain is owned by a public entity, political subdivision, or a governmental entity or agency.
2. A private utility company, public utility, rural electric cooperative, municipally owned utility, pipeline, railroad or common carrier shall have the power of eminent domain as may be granted pursuant to the provisions of other sections of the revised statutes of Missouri. For the purposes of this section, the term "common carrier" shall not include motor carriers, contract carriers, or express companies. Where a condemnation by such an entity results in a displaced person, as defined in section 523.200, the provisions of subsections 3 and 6 to 10 of section 523.205 shall apply unless the condemning entity is subject to the relocation assistance provisions of the federal Uniform Relocation Assistance Act.
3. Any entity with the power of eminent domain and pursuing the acquisition of property for the purpose of constructing a power generation facility after December 31, 2006, after providing notice in a newspaper of general circulation in the county where the facility is to be constructed, shall conduct a public meeting disclosing the purpose of the proposed facility prior to making any offer to purchase property in pursuit thereof or, alternatively, shall provide the property owner with notification of the identity of the condemning authority and the proposed purpose for which the condemned property shall be used at the time of making the initial offer.
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