Missouri
How Eastern Enterprises v. Apfel applies in Missouri: state-specific rules, key cases, and bar exam notes for Constitutional Law—Takings and Substantive Due Process.
Missouri follows a relatively stringent scrutiny when assessing takings under its state constitution, emphasizing property owner rights while balancing state interests. The state also adheres to substantive due process protections, particularly in safeguarding against arbitrary governmental actions affecting property rights.
In Missouri, a regulatory taking occurs when government action denies an owner economically viable use of their land, with a balancing test that weighs the public benefit of the action against the economic impact on the property owner.
The court held that the city’s regulations effectively taking the plaintiff’s property without just compensation constituted a violation of the Takings Clause.
The court affirmed that a reduction of property use due to regulatory changes may result in a compensable taking under Missouri law.
The court ruled that the government must provide just compensation if there is a governmental action resulting in a significant detriment to the property value.
Missouri's approach to takings closely aligns with the federal standard set forth in the Fifth Amendment but emphasizes additional state constitutional protections. While federal law prioritizes federal precedents, Missouri often interprets state law through a lens that may afford broader protections for property rights.
Eastern Enterprises v. Apfel is relevant for understanding the nuances of takings and substantive due process issues that may appear on the Missouri bar exam, particularly in property law sections.