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Missouri Citizens for
Property Rights
33867 Highway E
Dixon, MO 65459
(573) 759-3585
info@mo-cpr.org

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(Click for June 30, 2009 press release.)

Nearly 8 months after we began this process, we finally have a circuit court ruling on the challenge to our ballot titles and it is good news for our project! (Here's a copy of the decision.)

Cole County Circuit Judge Richard Callahan ruled that only one sentence be removed from the Article I ballot title. Bullet point three was fine as written by the Secretary of State, but it is not really that important to our effort to inform the voters about the affects of the Article I amendment. We're happy with the ballot titles with or without that one sentence. Since we have not yet begun to circulate the petitions, the court's ruling does not invalidate any voter's signature.

That does not mean the challenge to the ballot title has not done damage to our effort. As the Missouri Municipal League's Challenge to the ballot titles progressed, it became more and more obvious that they had no real substantial argument against the ballot titles. Their goal has been to delay the start of our signature gathering and they have been successful at that.

The question now is, "Will they continue to use taxpayer dollars to keep the taxpayers from the opportunity to vote on a public policy measure?"

ACTION NEEDED: Call the officials of your city and tell them to instruct the Missouri Municipal League to stop their effort to keep the people from voting on a public policy measure!

NUTS AND BOLTS (For those interested in the details of the decision.)

The court upheld both of the Fiscal Notes and Fiscal Note Summaries as well as both Summary Statements, except bullet point three of the Article I statement, which he simply removed.

Here's the Article I Summary Statement:

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; (removed)
• 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 to a private entity within 20 years?

The decision to remove bullet point three was based on the court's opinion that "the third bullet point suggests that restrictions on takings without just compensation or without a public use would be added to the constitution."  Since those provisions have been part of the Missouri Constitution since 1820, the decision says, the voters would be mislead into thinking the amendment provided a "new" protection.

Related information:

Copy of the circuit court decision.

Missouri Municipal League website

List of MML Diectors

Go to THIS PAGE to read the stories of some fellow Missourians who are fighting eminent domain abuse.

HOT OFF THE PRESS! The Wall Street Journal reports a new study from the Institute for Justice which reveals that eminent domain reform does NOT hinder economic development.

Eminent Reality (Wall Street Journal)
January 30, 2008 -- Does restricting "eminent domain" -- the power of government to seize private property -- harm economic growth? A new report from the Institute for Justice looks at the evidence and concludes the answer is no. <more>

Click here For the Institute for Justice study: "Doomsday? No Way - Economic Trends and Post-Kelo Eminent Domain Reform"

SELECT VIDEO

(Fox-2-StL) Jan. 22, 2008: Sunset Hills, Mo. -- You Paid For It: Eminent Domain
Fox 2's Elliott Davis continues to shed light on the private use eminent domain issue. Here he reports on the Ballot Initiative.

This report from Fox 4 in KC explains the issue VERY well. Be sure to watch the video. (Click Here)

(Click here for a list of News Reports)

LANDMARK MISSOURI SUPREME COURT CASE
DECISION DUE LATE WINTER OR SPRING OF 2008

Missouri Supreme Court Heard Oral Arguments in Landmark Eminent Domain Case
on Thursday, January 17, 2008

The city's lawyer makes wild claims about the effects of a ruling in favor of Property Rights and obfuscates the issue. An analysis of the case is forthcoming, but you can listen to the oral arguments and read the court documents by clicking here.

Old News: MO-CPR helps Arnold, MO businesses man score a huge victory in court. Property owners in non-chartered cities across the state benefit. <more>

Flash video Petitioner's Guide
Turn your speakers up and watch this easy to understand guide to collecting signatures: Start Here

History! Click here to watch a Flash presentation about the history of property rights in America. Turn your speakers on and find out how the War for American Independence relates to eminent domain abuse. Click Here

We need YOUR help!

Click Here to Volunteer

What will the proposed constitutional amendments do?

Missouri Citizens for Property Rights is not proposing that we do anything new or revolutionary – we simply want to restore the traditional, time tested, concepts of property rights. We believe that the primary role of government is that of protecting property rights and that eminent domain should be used only rarely and only for truly public uses, such as roads and sewers.

Eminent domain has traditionally been called “the despotic power”. When it must be used for a truly public use, every safeguard to the rights of the one losing his property should be employed. He should have the right to due process prior to losing his property and should be well compensated for his loss. After all, if the public use will truly benefit the masses, the rest of us should be willing to each chip in a little to minimize the suffering of the one making the sacrifice.

Perhaps of greatest importance, Missouri's constitutional provisions for protecting property rights should protect everyone's rights equally. We should accept no less than “justice for all” whether they be rich or poor, home owners or businesses, urban or rural. And the state's awesome power of eminent domain should never be conveyed to private entities for their personal profit!

Here are some details about the proposed amendments to Missouri's constitution:

THE FIRST PETITION

Ballot Title (Written by the 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?

Article I, Section 26 Explanation

1. Limit eminent domain authority to the state and its political subdivisions.

2. Require just compensation when property rights are “taken” or damaged indirectly..
3. Limits the use of eminent domain to situations in which it is necessary to use that power.
4. Allow normal appraisal methods to be considered in determining “just compensation”.
5. Require due process before property can be taken or disturbed by the taking authority.

Article I, Section 28 Explanation

1. Prohibits the use of eminent domain for “private use, private ownership, or other private rights” and ensures that those uses are not considered “public use”.

2. Discourages the government from “hoarding” or speculating on property through eminent domain for longer than 5 years through a buy back provision.
3. Discourages a feigned public purpose at the time of taking and subsequent conveying to a private party by allowing the original owner an opportunity to buy back his property if the government attempts to sell it within 20 years.
4. Ensures regulated utilities and electric cooperatives the ability to provide their services, but a government entity must use eminent domain on their behalf and the title remains in the original owner, “subject to the use for which it was taken”. Privately owned utilities will no longer be able to directly wield the people's power of eminent domain.
5. A “notwithstanding” clause to keep Art VI, Sec. 21 from “trumping” these provisions.

THE SECOND PETITION

Ballot Title (Written by the 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?

Article VI, Section 21 Explanation

1. Provide a remedy for “blight” and other public nuisances, but shift the role of the government to that of protecting the property rights of the neighbors of those conditions rather then punishing the responsible property owners along with the abusers.

2. Limits those nuisances to those historically considered so, that is, only conditions that negatively affect the property rights of another.
3. This change reestablishes the appropriate distinction between police powers and eminent domain powers.
4. Provide for a reasonable opportunity to abate the nuisance before action is taken.
5. Permit the expenditure of public funds to protect the neighbors and prescribes the due process protection for the “offending” property owner.

Amendment Language PDF