Missouri Revised Statutes
Chapter 536 - Administrative Procedure and Review
Section 536.017 - Taking of private property defined — proposed rules require takings analysis, when, purpose, procedure — rule invalid, when — exceptions.

Effective - 28 Aug 1998
536.017. Taking of private property defined — proposed rules require takings analysis, when, purpose, procedure — rule invalid, when — exceptions. — For purposes of this section, "taking of private property" shall mean an activity wherein private property is taken such that compensation to the owner of the property is required by the fifth and fourteenth amendments to the Constitution of the United States or any other similar or applicable law of this state. No department or agency shall transmit a proposed rule or regulation which limits or affects the use of real property to the secretary of state until a takings analysis has occurred. The takings analysis shall evaluate whether the proposed rule or regulation on its face constitutes a taking of real property under relevant state and federal law. The department or agency shall certify in the transmittal letter to the secretary of state that a takings analysis has occurred. Any rule that does not comply with this section shall be invalid and the secretary of state shall not publish the rule. A takings analysis shall not be necessary where the rule or regulation is being promulgated on an emergency basis, where the rule or regulation is federally mandated, or where the rule or regulation substantially codifies existing federal or state law.
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(L. 1994 H.B. 1099 §§ 536.017, B merged with S.B. 558, A.L. 1997 H.B. 88, A.L. 1998 S.B. 900)

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Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XXXVI - Statutory Actions and Torts

Chapter 536 - Administrative Procedure and Review

Section 536.010 - Definitions.

Section 536.014 - Rules invalid, when.

Section 536.015 - Missouri Register published at least monthly.

Section 536.016 - Requirements for rulemaking — proposed rules to be made available on agency website.

Section 536.017 - Taking of private property defined — proposed rules require takings analysis, when, purpose, procedure — rule invalid, when — exceptions.

Section 536.018 - "Agency" and "state agency" not to include institutions of higher education if sufficient safeguards for contested cases provided by institutions.

Section 536.019 - Effective date of rules — contingent effective date.

Section 536.021 - Rules, procedure for making, amending or rescinding — notice of — rules effective when, exception — effective date to be printed in code of state regulations — failure of agencies to promulgate a required rule — effect — exception —...

Section 536.022 - Suspension or termination of rules — procedure.

Section 536.023 - Procedures for numbering, indexing and publishing to be prescribed by secretary of state.

Section 536.024 - Validity of rules promulgated by state agency dependent on compliance with procedural requirements — powers and duties of joint committee.

Section 536.025 - Emergency rule powers — procedure — definitions.

Section 536.026 - Comments on proposed rules — committees for comment.

Section 536.027 - Written comments to be retained as public record for three years.

Section 536.028 - Contingent delegation of rulemaking power — effective date of rules — notice to be filed with joint committee — committee's powers — disapproval or annulment of rules, grounds, procedure, effect — publishing of rules, when — nonseve...

Section 536.031 - Code to be published — to be revised monthly — incorporation by reference authorized.

Section 536.032 - Code of state regulations, secretary of state authorized to make nonsubstantive changes, when.

Section 536.033 - Sale of register and code of state regulations, cost, how established — correction of clerical errors authorized.

Section 536.035 - Rules and orders to be permanent public record — executive orders to be published in the Missouri Register.

Section 536.037 - Committee on administrative rules, members, meetings, duties — reports — expenses.

Section 536.041 - Any person may petition agency concerning rules, agency must furnish copy to committee on administrative rules and commissioner of administration together with its action — agency recommendations, procedure.

Section 536.043 - Director of social services not required to but may promulgate rules.

Section 536.046 - Public rulemaking docket, contents, publication.

Section 536.050 - Declaratory judgments respecting the validity of rules — fees and expenses — standing, intervention by general assembly.

Section 536.053 - Standing to challenge rule.

Section 536.055 - Correspondence from state agencies, information required — must be printed or typed.

Section 536.060 - Informal disposition of case by stipulation — summary action — waiver.

Section 536.063 - Contested case, how instituted — pleadings — copies sent parties.

Section 536.067 - Notice in contested case — mailing — contents — notice of hearing — time for.

Section 536.068 - Responsive pleadings to petitioner's complaint or petition to be filed, when — extension — content — bench ruling or memorandum decision on request, when.

Section 536.070 - Evidence — witnesses — objections — judicial notice — affidavits as evidence — transcript.

Section 536.073 - Depositions, use of — how taken — discovery, when available — enforcement — administrative hearing commission to make rules for depositions by stipulation — rules subject to suspension by joint committee on administrative rules.

Section 536.075 - Discovery rule violations, sanctions.

Section 536.077 - Subpoenas, issuance — form — how served — how enforced.

Section 536.080 - Parties may file briefs — officials to hear or read evidence.

Section 536.083 - Hearing officer not to conduct rehearing or appeal involving same issues and parties.

Section 536.085 - Definitions.

Section 536.087 - Reasonable fees and expenses awarded prevailing party in civil action or agency proceeding — application, content, filed with court or agency where party appeared — appeal by state, effect — power of court or agency to reduce reques...

Section 536.090 - Decisions in writing — notice.

Section 536.095 - Contempt — procedure for punishment.

Section 536.100 - Party aggrieved entitled to judicial review — waiver of independent review, when.

Section 536.110 - Petition, when filed — process — venue.

Section 536.120 - Suspension of decisions or orders.

Section 536.130 - Record on judicial review.

Section 536.140 - Scope of judicial review — judgment — appeals.

Section 536.150 - Review by injunction or original writ, when — scope.

Section 536.160 - Refund of funds paid into court, when.

Section 536.175 - Periodic review required by state agencies, schedule, procedure.

Section 536.200 - Fiscal note for proposed rules or emergency rules affecting public funds, required when, where filed, contents — failure to file, procedure — publication — effect of failure to publish — first year evaluation, publication — challeng...

Section 536.205 - Fiscal notes for proposed rules or emergency rules affecting private persons or entities, required, when, where filed, contents — publication — effect of failure to publish — challenges to rule for failure to comply, time limitation...

Section 536.210 - Fiscal note forms.

Section 536.215 - Revised fiscal notes required, when — rejection, when.

Section 536.300 - Proposed rules, effect on small business to be determined, exceptions — impact statement to be prepared, when, contents.

Section 536.303 - Small business statement required for certain proposed rules, content.

Section 536.305 - Small business regulatory fairness board established, members, terms, expenses, meetings — rulemaking authority.

Section 536.310 - Authority of board.

Section 536.315 - State agencies to consider board recommendations, response.

Section 536.320 - Waiver or reduction of administrative penalties, when — inapplicability, when.

Section 536.323 - Small business objection to rules, petition may be filed, grounds — procedure for petition.

Section 536.325 - Rules affecting small business, list provided by a board to agencies — availability of list — testimony may be solicited.

Section 536.328 - Judicial review for small businesses adversely affected or aggrieved by an agency action, procedure.