Missouri Eminent Domain Abuse Coalition

How Easy Is It For The State of Missouri To Take Your Property And Give It To Someone Else For Their Private Gain?

It has been two years since the Supreme Court's ruling against private property owners in the Kilo Case in New London, Connecticut.  Since the Supreme Court’s ruling, several states have passed eminent domain reform.  The Castle Coalition, a nationwide property rights advocacy group associated with the Institute of Justice, graded states on progress toward eminent domain reform.   States where it is now impossible or extremely difficult for government to take private property for another individual's private gain got high marks and those where it is easy got low marks. States that failed to pass any eminent domain reform received a failing grade. Missouri received a grade of "D".

Missouri’s House Bill 1944, effective in August of 2006, did specify that property cannot be condemned "solely" for economic development and ends the prior practice of letting private developers initiate condemnations on their own behalf.  However, the Bill allows government agencies to take private property for the use of other private parties for any other justification.   Although House Bill 1944 exempts farm land from being declared blighted, it "continues to let cities condemn whole neighborhoods as 'blighted' based on vague, subjective factors,".  Such factors include "inadequate street layout," "unsafe conditions" and "obsolete platting."   Any Missouri community, no matter how well maintained, could be at risk.

Dental Office Saved

A Jefferson  County Circuit Judge ruled in Dr. Homer Tourkakis’s favor.  The City of Arnold will not be able to take his dental office at 1506 Big Bill Roadto construct Arnold Commons.  Judge M. Edward Willams wrote in this three-page ruling that it is the court’s opinion that:

“government has the inherent power to take private property be eminent domain for true public purpose.  These uses would include the construction of roads, sewer systems, water lines and many others but most emphatically would not include the construction of a shopping center by a private developer as is the case with Dr. Tourkakis’s dental office.”

Frenchtown In St. Charles - Redevelopment On Hold

A mixed used development proposed for Historic Frenchtown in St. Charles is not moving forward.  The developer, Tim Giffey, has only acquired two properties and has indicated that he is not planning on moving forward with the development.

Tim Giffey lost his main supporter at City Hall, Councilman Rory Riddler who was defeated by Richard Veit in the April 3^rd elections.  Richard Veit is opposed to the use of eminent domain to force the sale of property.

Sign The Petitions To Stop Eminent Domain Abuse In MO

The 2006 Eminent Domain Bill (Missouri House Bill #1944) did not end eminent domain abuse in the state of Missouri.  Private property is still being taken for private use in Missouri. 

The solution is an initiative petition to change the Missouri Constitution. Missouri Citizens for Property Rights, a non-profit organization dedicated to protecting property rights, is supporting an effort to get a constitutional amendment on the ballot for 2008.

Click here to find out how you can sign the petition and help out to protect property rights for all Missourians

Dentist Homer Tourkakis Fights To Save His Practice

In January, Dentist Homer Tourkakis took his eminent domain abuse case to court. The City of Arnold and the developers of Arnold Commons are trying to condemn his dental practice at 1506 Big Bill Road to replace it with a shopping center…and he is fighting it.  In his case, Tourkakis is challenging:

• Whether a 3^rd class city has the legal right to use eminent domain to take private property for commercial development
• Whether the property is blighted

Also, no offer to purchase the property was made before condemnation proceedings were initiated.  When an offer was made it was “too little too late”.  The presiding judge, Judge Williams, commented that the price of $343,750 seemed “inadequate” for relocating and replacing a dental office.

The Threat of Eminent Domain Abuse in Bohemian Hills

In January 2007, property owners in Bohemian Hills (southwest corner of Lafayette and Tucker) received letters from the St. Louis Land Clearance for Redevelopment Authority requesting to purchase their properties.  Property owners and MEDAC, concerned that their property rights may be abused, placed a mural on the side of one of the buildings in  Bohemian Hills.  It is circular and contains the words "End Eminent Domain Abuse" with a diagonal red line drawn through it and can be seen from Interstates 44 and 55, Gravois Avenue, Russell Boulevard and 12th Street.

Actions by the St. Louis Land Clearance for Redevelopment Authority highlight the shortcomings of Missouri House Bill #1944 which is supposed to have ended eminent domain abuse in Missouri.  Although the bill does protect farmland, it fails to protect property owners in urban settings.  The Bohemian Hills neighborhood is an example that eminent domain abuse still exists.

Although the City of St. Louis would like the mural to come down its visibility is attracting a lot of interest and traffic.

The April 17, 2007 issue of the Southside City Journal ran an article on the sign.

Update on Condemnation in Clayton

The April 24th edition of the Post-Dispath reports that Clayton and Centene cannot use eminent domain to take property from three business owners:

An appellate court ruled this morning that Centene Plaza Redevelopment Corp. should be barred from using condemnation to acquire properties in the heart of Clayton for its $210-million twin towers, office and retail complex.

In an unsigned opinion, Judges Clifford H. Ahrens, Mary K. Hoff and Nannette Baker of the Missouri Court of Appeals stopped short of pulling the economic plug on the project and overruling a lower court decision authorizing condemnation.

The judge has sent the case on to the Missouri Supreme Court.

Kelo: One Year Later

Today marks the one-year anniversary of the Supreme Court's appalling Kelo v. New London, which give the green light to eminent domain abuse. The Show-Me Institute has been working hard to highlight how the decision (and our legislature's refusal to tighten state law) have opened the floodgates to further abuse of property rights.

The Institute for Justice also is releasing no less than five reports highlighting the fallout of the Kelo decision. And the Cato Institute has a new book out.

The decision electrified the property rights movement around the country. Unfortunately, the opponents of reform have proven very skilled at obfuscating the issue and misdirecting public attention. As a result, in many states, including Missouri, property rights are nearly as vulnerable today as they were a year ago. It's important that we keep pressure on our elected officials until they enact meaningful reform that protects all Missourians from eminent domain abuse.

Rally for Property Rights Tomorrow

MEDAC will be sponsoring a rally in front of city hall tomorrow, Friday, June 23, to mark the one-year anniversary of the Kelo v. New London decision. The demonstration will begin at 11:30 at the St. Louis city hall, at the corner of Market and Tucker.

Eminent Domain Legislation in St. Charles

The Post-Dispatch reports that St. Charles has passed new restrictions on eminent domain:

Under the St. Charles measure, property could be condemned to make way for a shopping center or some other tax-producing project only in limited situations - such as when there is "a harmful or unproductive use of land."

As examples, the bill cites abandoned property, public nuisances and structures beyond repair or unfit for habitation. Also allowed would be the forced buyout of property with at least a 50 percent decline in assessed valuation over two years or nonresidential buildings lacking a business license for a year.

Eminent domain also could be used to acquire residences occupied by renters, whatever the condition of the buildings. The measure, which was approved on an 8-0 vote, would continue to use existing standards of condemnation to obtain land for public purposes such as building roads, parks and sewers.

That sounds like an improvement over the status quo, but falls far short of the goal of ending eminent domain abuse for private profit. And it sounds like there are still plenty of loopholes.