Missouri
How Fisher v. City of New York applies in Missouri: state-specific rules, key cases, and bar exam notes for Property.
Missouri follows the principle of just compensation for takings similar to the Federal Constitution. However, its interpretation of what constitutes 'public use' can be distinctively broader in application based on state law.
In Missouri, property taken for public use must still provide just compensation, which includes fair market value, parallel to the ruling in Fisher v. City of New York.
Established that public use can be construed broadly, including for economic redevelopment purposes.
Confirmed that compensation must be provided even for partial taking of private property.
Outlined the necessity of showing a rational public purpose to justify eminent domain actions.
Missouri's approach mirrors the federal standard established in the Fifth Amendment but allows for more expansive interpretations of public purpose. The state courts have been more permissive about what constitutes public use compared to federal precedents.
Understanding the nuances of property takings and just compensation is crucial for the Missouri bar exam, particularly regarding state precedents post-Fisher.