2010 Initiative Petitions
Approved for Circulation in Missouri

Constitutional Amendment to Article VI, Section 21, Relating to Eminent Domain, version 2, blue paper, 2010-006

The Proposed Amendment

Be it resolved by the people of the State of Missouri that the Constitution be amended:

 

Section 21 of Article VI of the Constitution of Missouri is amended by modifying section 21. The existing section 21 is set forth hereinafter with the new matter underlined and deleted matter in brackets, [thus].

 

Article VI – Local Government

Section 21. Laws may be enacted, and any city or county operating under a constitutional charter may enact ordinances which protect property owners from public nuisances, as defined by the Common Law. In the event that an owner of property is found by a court of competent jurisdiction to be harboring such nuisance and has not fully abated the nuisance within a reasonable time after final judgment, any political subdivision of the state in which the nuisance exists may expend public funds to abate the nuisance and impose a lien on the offending property limited to an amount equal to the costs of the abatement and reasonable interest on such costs. Enforcement of the lien may be accomplished in the same manner as tax liens are enforced. [, providing for the clearance, replanning, reconstruction, redevelopment and rehabilitation of blighted, substandard or insanitary areas, and for recreational and other facilities incidental or appurtenant thereto, and for taking or permitting the taking, by eminent domain, of property for such purposes, and when so taken the fee simple title to the property shall vest in the owner, who may sell or otherwise dispose of the property subject to such restrictions as may be deemed in the public interest.]