Section 523.039

Title XXXVI STATUTORY ACTIONS AND TORTS

Chapter 523

Effective - 28 Aug 2022, 2 histories   

  523.039.  Just compensation for condemned property, amount — agricultural or horticultural property, amount. — 1.  In all eminent domain proceedings filed after December 31, 2006, just compensation for condemned property shall be determined under one of the three following subdivisions, whichever yields the highest compensation, as applicable to the particular type of property and taking:

  (1)  An amount equivalent to the fair market value of such property;

  (2)  For condemnations that result in a homestead taking, an amount equivalent to the fair market value of such property multiplied by one hundred twenty-five percent; or

  (3)  For condemnations of property that result in any taking that prevents the owner from utilizing property in substantially the same manner as it was currently being utilized on the day of the taking and involving property owned within the same family for fifty or more years, an amount equivalent to the sum of the fair market value and heritage value.  For the purposes of this subdivision, family ownership of property may be established through evidence of ownership by children, grandchildren, siblings, or nephews or nieces of the family member owning the property fifty years prior to the taking; and in addition, may be established through marriage or adoption by such family members.  If any entity owns the real property, members of the family shall have an ownership interest in more than fifty percent of the entity in order to be within the family line of ownership for the purposes of this subdivision.  The property owner shall have the burden of proving to the commissioners or court that the property has been owned within the same family for fifty or more years.

  2.  For eminent domain proceedings of any agricultural or horticultural property by an electrical corporation as defined in section 386.020, except for an electrical corporation operating under a cooperative business plan as described in section 393.110, for the purposes of constructing an electric plant subject to a certificate of convenience and necessity under subsection 1 of section 393.170 just compensation shall be an amount equivalent to fair market value multiplied by one hundred fifty percent, as determined by the court.  The provisions of this subsection shall not apply to applications filed pursuant to section 393.170 prior to August 28, 2022.

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(L. 2006 H.B. 1944, A.L. 2022 H.B. 2005 merged with S.B. 820)

(2013)  Heritage valuation sections do not impermissibly alter constitutional definition of "just compensation", do not confer public funds for private benefit, and do not invade the jury's duty to determine "just compensation".  St. Louis County v. River Bend Estates Homeowners' Ass'n., 408 S.W.3d 116 (Mo.banc).