Bill Text: MO HB2125 | 2010 | Regular Session | Introduced
Bill Title: Specifies that the meaning of "blight" or "blighted" as they relate to eminent domain refer to an area which constitutes a menace to the public health, safety, or morals in its present condition
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-05-14 - Referred: Judiciary (H) [HB2125 Detail]
Download: Missouri-2010-HB2125-Introduced.html
SECOND REGULAR SESSION
95TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE DAVIS.
4970L.01I D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To repeal section 523.274, RSMo, and to enact in lieu thereof one new section relating to blighted areas.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 523.274, RSMo, is repealed and one new section enacted in lieu thereof, to be known as section 523.274, to read as follows:
523.274. 1. Where eminent domain authority is based upon a determination that a defined area is blighted, the condemning authority shall individually consider each parcel of property in the defined area with regard to whether the property meets the [relevant statutory] definition of blight as provided in this section. If the condemning authority finds a preponderance of the defined redevelopment area is blighted, it may proceed with condemnation of any parcels in such area.
2. No action to acquire property by eminent domain within a redevelopment area shall be commenced later than five years from the date of the legislative determination, by ordinance, or otherwise, that the property is blighted, substandard, contains unsanitary conditions, or is eligible for classification within a conservation area as defined in section 99.805, RSMo. However, such determination may be renewed for successive five-year periods by the legislative body.
3. As used in this section, "blight" or "blighted" refers to an area which, by reason of the predominance of insanitary or unsafe conditions or the existence of conditions which endanger life or property or constitutes a menace to the public health, safety, or morals in its present condition and is not zoned or used for agricultural use.
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