Missouri
How Eminent Domain v. Liberty Mutual applies in Missouri: state-specific rules, key cases, and bar exam notes for Property.
Missouri adheres to a strict adherence to the constitutional principles surrounding eminent domain, notably the necessity of a public purpose and just compensation. The state emphasizes legislative authority in determining what constitutes a public use.
In Missouri, the rule regarding eminent domain requires that any taking must be for a public use and that the property owner is entitled to just compensation.
The court affirmed that a taking of land for highway expansion constituted a public use under Missouri law.
The court ruled that the Metropolitan St. Louis Sewer District had the authority to invoke eminent domain for public infrastructure improvement.
The court held that a college's need for campus expansion justified the taking of adjacent properties through eminent domain.
Missouri's approach reflects the federal standard established under the Fifth Amendment, which also requires public use and just compensation. However, Missouri's case law may provide more specific definitions and applications of public use, showing a greater emphasis on state interpretation.
Eminent domain principles frequently appear in the Missouri bar exam, particularly concerning the definition of public use and compensation standards.