EMINENT DOMAIN Protect Columbia's homes and businesses

Columbia Missouri Eminent Domain Reform Ordinance

Below are the proposed changes to the Columbia Ordinance dealing with Eminent Domain. Language removed is stricken. New language is underlined.

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Section 22-48 Condemnation of private property.

Private property may be taken for public use for the purpose of establishing, opening, widening, extending or altering any street, avenue, alley, wharf, creek, river, watercourse, market place, public park or public square, and for establishing market houses, and for any other necessary public purposes uses when approved by a super majority of the city council.

Definition of public use: The term public use shall only mean:

1. the possession, occupation, and enjoyment of the land by the general public, or by public agencies;

2. the use of land for the creation or functioning of public utilities or common carriers;

3. the acquisition of abandoned property, where the city has made diligent efforts to locate the owner of the property; or

4. the acquisition of property to cure a concrete harmful effect of the current use of the land, including the removal of public nuisances and the removal of structures that are beyond repair or that are unfit for human habitation or use.

The public benefits of economic development, including an increase in tax base, tax revenues, employment, or general economic health, shall not constitute a public use.

Notwithstanding any other provision of law, neither this city nor any of its subdivisions shall use eminent domain to take private property without the willing and informed consent of the owner to be used for economic development.

The council shall have the power to condemn private property for public use, occupation or possession in the construction and repair of public, district, joint district and private sewers in the same manner as other property is condemned within the city for public uses. This power of eminent domain shall include the exercise of the power of excess condemnation as authorized by the constitution or by law, and the power to condemn private property, real or personal, or any easement or use therein for public use within or without the city.

Notwithstanding any other provision of law, private property acquired through eminent domain without the willing and informed consent of the owner shall not be dedicated, sold, leased in substantial part, or otherwise transferred to a private person, partnership, corporation, or any other entity for a period of ten (10) years following the acquisition of the property by the city, except that property may be transferred or leased

1. to private entities that are public utilities or common carriers; or

2. to private entities that occupy an incidental area in a public project.