Redstate

By simpson316 Posted in Law — Comments (7) / Email this page » / Leave a comment »

Back in 2005, the city of Sunset Hills, MO (a suburb of St. Louis) attracted national attention as one of the first cases of eminent domain following the Supreme Court's decision in Kelo v. New London. Amid all of the public scrutiny the deal between Novus Development and the city of Sunset Hills fell apart.

The state of Missouri, under Gov Matt Blunt, attempted to react to Kelo. He created the Missouri Task Force on Eminent Domain. The goal of the task force was to:

-Study the use of eminent domain, especially when the proposed public use of the property being acquired by eminent domain is not directly owned or primarily used by the general public.
-Analyze current state and federal laws governing eminent domain and recommending any changes that would enhance the effectiveness of these laws.
-Develop a definition of "public use" that allows state and local governments to use eminent domain when there is a clear and direct public purpose while at the same time ensuring that individual property rights are preserved.
-Develop criteria to be applied by state and local governments when the use of eminent domain is being proposed.
-Recommend specific eminent domain legislation for possible consideration by the Missouri General Assembly.

Under the recommendations of the task force, the State of Missouri passed legislation in direct disagreement with Kelo. It affirmed the notion that "public use" did not constitute an increase in revenue for the municipality. Unfortunately, I can't say that this law has solved the problem here.

Read on.

Meet Dr. Homer Tourkakis. Dr. Tourkakis is a dentist in the city of Arnold, MO (another somewhat suburb of St. Louis). He opened his own practice in 1985 in a retrofit two bedroom house. In 2004, the City of Arnold notified Dr. Tourkakis that they wanted him out to make way for a multi-million dollar development. Dr. Tourkakis refused and the City of Arnold began eminent domain procedures. One Arnold city councilman, Roberty Sweeny, has called Dr. Tourkakis "selfish". The biggest rub is that the land that Dr. Tourkakis's practice is located on is slated to be and "out lot". That's right. They don't even know what is going to go there yet. As the local television station has reported, Councilman Sweeny has admitted that "His retro fit two bedroom house is not compatible with at 21st century commercial development."

This case made it all the way to the Missouri Supreme Court. Under consideration was whether or not the City of Arnold had the ability to use eminent domain. In the state of Missouri, an unchartered city (of which Arnold is one) has not normally been allowed to do so. The Missouri Supreme Court, in it's 6-1 decision in Arnold v. Tourkakis, has set legal precedent that an unchartered city does indeed have to ability to use eminent domain.

That decision alone would be cause enough for businesses and home owners across the state to suffer a major case of heartburn. What is even more troubling is a statement made in the opinion. The Missouri Supreme Court now holds that "[u]nless limited by the constitution, the legislature has the right to authorize the exercise of the unlimited and practically absolute sovereign power of eminent domain." That is an absolutely troubling statement. That one statement alone is going to be used by cities and developers to challenge the ability of the Missouri law restricting eminent domain abuse. They will now be able to argue that they have unlimited power because the Missouri Constitution has not placed the proper limits on them.

It is now up to the citizens of Missouri to push for an amendment to the state constitution that would place the restrictions on municipalities that our legislators have already put into law. There are two petitions underway now that would do just that. I encourage all Missourians to go to the Missouri Citizens for Property Rights website to learn more and find out how to volunteer to get these needed reforms to our law.

Even if you aren't a citizen of Missouri, this case is most troubling. There is now precedent for any of the other state to take the same level of abuse of their citizens rights.