Effective - 28 Aug 2006
523.262. Power of eminent domain limited, how — private entities to have power of eminent domain — notice. — 1. Except as set forth in subsection 2 of this section, the power of eminent domain shall only be vested in governmental bodies or agencies whose governing body is elected or whose governing body is appointed by elected officials or in an urban redevelopment corporation operating pursuant to a redevelopment agreement with the municipality for a particular redevelopment area, which agreement was executed prior to or on December 31, 2006.
2. A private utility company, public utility, rural electric cooperative, municipally owned utility, pipeline, railroad or common carrier shall have the power of eminent domain as may be granted pursuant to the provisions of other sections of the revised statutes of Missouri. For the purposes of this section, the term "common carrier" shall not include motor carriers, contract carriers, or express companies. Where a condemnation by such an entity results in a displaced person, as defined in section 523.200, the provisions of subsections 3 and 6 to 10 of section 523.205 shall apply unless the condemning entity is subject to the relocation assistance provisions of the federal Uniform Relocation Assistance Act.
3. Any entity with the power of eminent domain and pursuing the acquisition of property for the purpose of constructing a power generation facility after December 31, 2006, after providing notice in a newspaper of general circulation in the county where the facility is to be constructed, shall conduct a public meeting disclosing the purpose of the proposed facility prior to making any offer to purchase property in pursuit thereof or, alternatively, shall provide the property owner with notification of the identity of the condemning authority and the proposed purpose for which the condemned property shall be used at the time of making the initial offer.
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(L. 2006 H.B. 1944)
Structure Missouri Revised Statutes
Title XXXVI - Statutory Actions and Torts
Chapter 523 - Condemnation Proceedings
Section 523.001 - Definitions.
Section 523.020 - Different owners may be joined in one petition.
Section 523.030 - Summons, when to issue, how served — publication.
Section 523.040 - Appointment of commissioners — duties — notice of property viewing.
Section 523.045 - Interest on awards payable when — enforcement.
Section 523.050 - Commissioners' report — notice of filing — review.
Section 523.053 - Distribution of condemnation awards among defendants.
Section 523.055 - Possession of land delivered, when, notice — writ of possession, executed how.
Section 523.061 - Determination of homestead taking and heritage value.
Section 523.070 - Costs, by whom paid.
Section 523.080 - Shall not enter or appropriate dwelling house.
Section 523.090 - Who may have damages ascertained — proceedings.
Section 523.100 - Appropriation of lands of corporations by other corporations.
Section 523.200 - Definitions.
Section 523.210 - Agencies authorized to establish rules and regulations.
Section 523.215 - Not to affect other condemnation compensation.
Section 523.250 - Notice of intended acquisition — mailing requirements.
Section 523.253 - Written offer, requirements — explanation of determination of property value.
Section 523.256 - Good faith negotiation required, findings, remedies.
Section 523.259 - Abandonment of condemnation, remedies — applicability.
Section 523.265 - Alternative locations for condemnation, procedure.
Section 523.277 - Office of ombudsman for property rights.
Section 523.282 - Blanket easements void, when — definitions.
Section 523.286 - Declaration of farmland as blighted prohibited — definition.