Section IV Section 29

Constitution

Effective - 02 Dec 2004, see footnote   

  IV Section 29.  Highways and transportation commission — qualifications of members and employees — authority over state highways and other transportation programs. — The highways and transportation commission shall be in charge of the department of transportation.  The number, qualifications, compensation and terms of the members of the highways and transportation commission shall be fixed by law, and not more than one-half of its members shall be of the same political party.  The selection and removal of all employees shall be without regard to political affiliation.  The highways and transportation commission (i) shall have authority over the state highway system; (ii) shall have authority over all other transportation programs and facilities as provided by law, including, but not limited to, aviation, railroads, mass transportation, ports, and waterborne commerce; and (iii) shall have authority to limit access to, from and across state highways and other transportation facilities where the public interests and safety may require.  All references to the highway commission and the department of highways in this constitution and in the statutes shall mean the highways and transportation commission and the department of transportation.

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Source: Const. of 1875, Art. IV, § 44a (Amended November 6, 1928) (Amended November 6, 1979) (Amended by Initiative November 2, 2004).

(1956) Where new roadway as limited access highway was condemned through defendant's land, no easement of access arose and damages for the taking of such easement should not be awarded; but the separation of the land by the limited access road should be considered in determining the damages. State ex rel. Highway Comm. v. Clevenger, 365 Mo. 970, 291 S.W.2d 57.

(1958) Power to limit access to highways is attributable to police power which cannot be contracted away, and contract between city and highway commission to keep certain street in city open held invalid so that property owner in city could not recover for failure of commission to keep street open. Handlan-Buck Co. v. State Highway Comm. (Mo.), 315 S.W.2d 219.

(1959) Court held without jurisdiction to enjoin location of highway through village at site of village on ground that such highway would obstruct village streets. State ex rel. State Highway Commission v. Elliott (Mo.), 326 S.W.2d 745.

(1963) Promise of state highway commission to construct planned access roads and an overpass in exchange for conveyance by property owner of the land needed for highway purposes did not preclude later abandonment of the plan and condemnation of the necessary land by the state highway commission. State ex rel. State Highway Commission v. Hammel (Mo.), 372 S.W.2d 852.

(1964) Abutting owners had property right in easement of direct ingress and egress into preexisting conventional highway which, when taken in connection with portion of his land taken in condemnation for construction of limited access highway, entitled him to compensatory damages and fact that owner would have indirect access highway through outer service roadway would be considered only in mitigation of damages. State ex rel. State Highway Commission v. Brockfeld (A.), 378 S.W.2d 254.

(1968) State highway commission has power to extinguish or limit access of abutting owner and when it accepted deed with access restrictions it was not an ultra vires act and commission was bound by restrictions. Shepherd v. State (Mo.), 427 S.W.2d 382.

(1968) Toll Road Authority Act of the 74th General Assembly which permitted resorting to gas tax money to meet bonding obligations violated constitutional provision for allocation of gas tax money. Pohl v. State Highway Commission (Mo.), 431 S.W.2d 99.

(1970) Public Service Commission cannot order State Highway Commission to pay portion of cost of maintenance of overpass used by railroad. State ex rel. State Highway Commission v. Public Service Commission (A.), 459 S.W.2d 736.