EXECUTIVE
ORDER
NO. 93-13
WHEREAS, the Fifth and Fourteenth Amendments to the Unived States Constitution as well as Article I, Section 26 of the Missouri Constitution requrie that real property not be taken for public use without payment of just compensation; and
WHEREAS, the United States Supreme Court has held in Lucas V. South Carolina Coastal Council, 112 S.Ct. 2886 (1992) that state regulatory action can constitute a taking of private real property.
NOW, THEREFORE, I, Mel Carnahan, Governor of the State of Missouri, by the authority vested in me by the Constitution and laws of this state, do hereby direct each department or agency of state government to undertake a "takings analysis" of each proposed rule or regulation as follows:
- The "taking
analysis"
shall evaluate
whether
the proposed
rule or
regualation
on its face
constitutes
a taking
of real
property
under revelant
state and
federal
law;
- No department
or agency
shall transmit
a proposed
rule or
regulation
to the Secretary
of State
until a
"takings
analysis"
has occurred;
- No department
or agency
shall certify
in the transmittal
letter to
the Secretary
of State
that a "takings
analysis"
has occurred;
- A "takings analysis" shall not be necessary where the rule or regulation is being promulgated on an emergency bases, where the rule or regulation is federally mandated, or where the rule or regulation substantially codifies existing federal or state law.
| IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the Great Seal of the State of Missouri, in the City of Jefferson, on this 2nd day of July, 1993. |
| [Mel Carnahan's signature] | GOVERNOR |
ATTEST:
[Judith K. Moriarty's signature]
SECRETARY OF STATE
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