Two pending initiative petitions may thwart the ability of local governments, utilities, and railroads to acquire property by eminent domain. In fact, zoning and property restrictions of all types could be affected by these constitutional amendments, if they are approved by voters.The group behind these efforts, Missouri Citizens for Property Rights, bypassed the General Assembly by using a provision that allows citizens to place constitutional amendments on the ballot without approval of the legislature or Governor. The group appears to have successfully obtained enough signatures to place the issue on the ballot; however those signatures must be verified for validity and to be sure the required number of signatures has been obtained in each congressional district. Initiative petitions amending the constitution, like these measures, require the signature of 8% of legal voters in six of Missouri's nine congressional districts.
Following is more information regarding these proposals.
Click here for an analysis prepared by Tom Cunningham for the Missouri Municipal League.
The first proposal's official ballot title, the language that will be seen by voters when they decide the issue, is as follows:
"OFFICIAL BALLOT TITLE AS CERTIFIED BY
SECRETARY OF STATE
Shall the Missouri Constitution be amended to restrict the use of eminent domain by:
- Allowing only government entities to use eminent domain;
- Prohibiting its use for private purposes, with certain exceptions for utilities;
- Requiring that any taking of property be necessary for a public use and that landowners receive just compensation;
- Requiring that the intended public use be declared at the time of the taking and permitting the original owners to repurchase the property if it is not so used within five years or if the property is offered for sale within 20 years?
The total cost or savings to state or local governmental entities cannot be known. Some state governmental entities estimate no related costs, however, certain state governmental entities may have unknown or indirect costs that may exceed $100,000. Estimated costs to local governmental entities will vary, but could be significant."
The actual initiative petition language of "Proposition 1" as described in the document may be found here.The second proposal's official ballot title, as certified by the Secretary of State, is as follows:
"OFFICIAL BALLOT TITLE AS CERTIFIED BY
SECRETARY OF STATE
Shall the Missouri Constitution be amended to change the power of the General Assembly and constitutionally chartered cities or counties to:
- Prohibit the use of eminent domain to acquire and resell property found to be blighted, substandard or unsanitary for the purpose of clearance, redevelopment or rehabilitation; and
- Allow them to require owners of property found to be a public nuisance to abate or clean up the nuisance and, if the property owner fails to do so in a reasonable time, allow the local government to pay for the abatement and impose a lien to recover the cost?
The total cost or savings to state or local governmental entities cannot be known. Some state governmental entities estimate no related costs, however, certain state governmental entities may have unknown or indirect costs. Estimated costs to local governmental entities will vary, but could be significant."
The actual initiative petition language of "Proposition 2" as described in the document may be found here.
