EMINENT DOMAIN - MISSOURI

St. Louis County v. River Bend Estates Homeowners' Ass'n

Supreme Court of Missouri, En Banc - September 10, 2013 - S.W.3d - 2013 WL 4824030

County filed condemnation petition, and court-appointed condemnation commissioners awarded damages to property owners. Owners filed exceptions to award and requested jury trial. After jury assessed damages for owners of $1.3 million, the Circuit Court added $650,000 for heritage value to jury’s verdict.  County appealed.

Holdings: The Supreme Court of Missouri held that:

Heritage value statute did not violate constitutional prohibition against using public funds for a private benefit.  Primary object of the expenditure in the statute was to compensate a class of persons whose property was acquired through eminent domain for the benefit of the public, and, therefore the compensation authorized by that statute was legal, notwithstanding that it also involved as, an incident, an expense that, standing alone, would not be lawful.



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