HOUSE BILL NO. 1622 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE SASSMANN.
4490H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal section 523.039, RSMo, and to enact in lieu thereof one new section relating to just compensation for condemned property.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 523.039, RSMo, is repealed and one new section enacted in lieu 2 thereof, to be known as section 523.039, to read as follows: 523.039. 1. In all eminent domain proceedings filed after December 31, 2006, just 2 compensation for condemned property shall be determined under one of the three following 3 subdivisions, whichever yields the highest compensation, as applicable to the particular type 4 of property and taking: 5 (1) An amount equivalent to the fair market value of such property; 6 (2) For condemnations that result in a homestead taking, an amount equivalent to the 7 fair market value of such property multiplied by one hundred twenty-five percent; [or] 8 (3) For condemnations of property that result in any taking that prevents the owner 9 from utilizing property in substantially the same manner as it was currently being utilized on 10 the day of the taking and involving property owned within the same family for fifty or more 11 years, an amount equivalent to the sum of the fair market value and heritage value. For the 12 purposes of this subdivision, family ownership of property may be established through 13 evidence of ownership by children, grandchildren, siblings, or nephews or nieces of the 14 family member owning the property fifty years prior to the taking; and in addition, may be 15 established through marriage or adoption by such family members. If any entity owns the 16 real property, members of the family shall have an ownership interest in more than fifty 17 percent of the entity in order to be within the family line of ownership for the purposes of this
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 1622 2
18 subdivision. The property owner shall have the burden of proving to the commissioners or 19 court that the property has been owned within the same family for fifty or more years; or 20 (4) For condemnations of agricultural or horticultural property that result in 21 any taking that prevents the owner from utilizing property in substantially the same 22 manner as it was being utilized on the day of the taking, an amount equivalent to the fair 23 market value plus one additional percent for each year the property has been owned by 24 the same family. 25 2. For eminent domain proceedings of any agricultural or horticultural property by an 26 electrical corporation as defined in section 386.020, except for an electrical corporation 27 operating under a cooperative business plan as described in section 393.110, for the purposes 28 of constructing an electric plant subject to a certificate of convenience and necessity under 29 subsection 1 of section 393.170, just compensation shall be an amount equivalent to fair 30 market value multiplied by one hundred fifty percent, as determined by the court; however, if 31 the property has been within the same family for fifty-one or more years, just 32 compensation for the property shall be as provided under subdivision (4) of subsection 1 33 of this section. The provisions of this subsection shall not apply to applications filed 34 pursuant to section 393.170 prior to August 28, 2022. ✔
Statutes affected: