On the Issues...
Eminent Domain
Eminent Domain is a useful and necessary tool for ensuring that the citizens of Missouri enjoy a highly functional and efficient quality of life. It allows government to eliminate hotbeds of crime, unsanitary conditions, and slums by condemning land and putting those lands to safer, more productive uses. Under the Missouri Constitution, in order for government to take private land there are two main requirements; 1) the land be deemed blighted, and 2) that the land owner receive Just Compensation.
There are two types of condemnations of land: Either for a purely public purpose or a private-to-private transfer. As a state legislator, I will treat each situation differently.
Purely Public Uses
When used properly and in the best interests of society, eminent domain allows government to construct highways, sewers, and other infrastructure including police and fire protection that are necessary for Missourians to lead a high quality of life. For these instances, I do not believe that many restrictions should be placed on eminent domain. These communal necessities should take precedence. However, I do believe that “Just Compensation” for the land should be either calculated by a jury or by a set percentage over the market value of the land to ensure that landowners are not placed under a financial hardship for their troubles.
Private-to-Private Transfers
In contrast, when the power of eminent domain is exercised by a state or local government where land is being taken from one private party and given to another private party, Missourians deserve a higher level of scrutiny on these transactions for several reasons. Government should never take sides between two private interests. The Supreme Court of Missouri has recently spoken directly on this issue and determined that in such a transfer, the government must prove that there are other health, safety, and public welfare concerns that justify classifying the land as “blighted.” This is important because it prohibits cities from “blighting” parcels of land solely for the possibility of increased tax revenue where the land at issue poses no threat to the public.
In the typical scenario, a developer indicates to a municipality that they cannot assemble necessary parcels of land for a major development. The City then uses their power of eminent domain to force the holding-out landowners to sell and then transfers the seized land to the private developer. Because of the combination locally elected officials and wealthy developers with big dollars at stake, there is a very real possibility of corruption. That is why I believe that in any private-to-private transfer, there should be a requirement that the government state clearly and document the reasons for determining the ‘blight.’ Additionally, the opposing landowners should have the right to an expedited judicial review by a State of Missouri Judge for determination that both the land has been properly determined as ‘blighted’ and that there is no arbitrary, capricious, or improper influence by the developer or government.
Furthermore, I believe that a landowner should have the opportunity to have the land appraised by a jury or by a predetermined percentage above market value. Efforts by Developers to avoid paying higher prices for land by using Eminent Domain goes against the intent of this power. Market forces should be a consideration in determining the viability of a proposed development, not the government.
