What Is Eminent Domain?
Condemnation, also known as eminent domain, occurs when a government entity (county, city, state, etc.) acquires private land. If an agreement on the sale price cannot be reached or the property owner simply refuses to sell, generally a notice is sent under Section 523.250 of the Missouri Revised Statutes that a condemnation lawsuit will be filed.
Missouri Eminent Domain Law Firm
In the condemnation lawsuit, a Missouri eminent domain law firm will ask the court to grant permission to condemn the property and to determine the fair or market value compensation. The compensation will be determined using three approved property valuation methods. A significant change to the Missouri eminent domain law occurred in 2011. One of the changes was that eminent domain can no longer be used solely for economic development under Section 523.271 of the Missouri Revised Statutes. This change can place a much higher burden on the attorney to prove that the condemnation is for public use. Eminent domain or condemnation does not have to include the entire property; occasionally, the condemnation is only of a strip of property for roads or other utilities.