227.120. Commission empowered to purchase or lease lands to exercise right of eminent domain--restriction of or loss of access to be considered. - Missouri Statutes

Commission empowered to purchase or lease lands to exercise rightof eminent domain--restriction of or loss of access to be considered.

227.120. 1. The state highways and transportation commission shallhave power to purchase, lease, or condemn, lands in the name of the stateof Missouri for the following purposes when necessary for the proper andeconomical construction and maintenance of state highways:

(1) Acquiring the right-of-way for the location, construction,reconstruction, widening, improvement or maintenance of any state highwayor any part thereof;

(2) Acquiring bridges or sites therefor and ferries, including therights and franchises for the maintenance and operation thereof, overnavigable streams, at such places as the state highways and transportationcommission shall have authority to construct, acquire or contribute to thecost of construction of any bridge;

(3) Acquiring the right-of-way for the location, construction,reconstruction, widening, improvement or maintenance of any highway orderedbuilt by the bureau of public roads of the Department of Agriculture of theUnited States government;

(4) Obtaining road building or road maintenance materials or plantsfor the manufacture or production of such materials and acquiring theright-of-way thereto; also acquiring the right-of-way to such plants as areprivately owned when necessary for the proper and economical constructionof the state highway system;

(5) Changing gradients in any state highway;

(6) Establishing detours in connection with the location,construction, reconstruction, widening, improvement or maintenance of anystate highway or any part thereof;

(7) Changing the channels of any stream and providing for drainageditches when necessary for the proper construction or maintenance of anystate highway;

(8) Eliminating grade crossings;

(9) Acquiring water supply and water power sites and necessary landsfor use in connection therewith, including rights-of-way to any such sites;

(10) Acquiring sites for garages and division offices and for storingmaterials, machinery and supplies;

(11) Acquiring lands for sight distances along any state highway orany portion thereof whenever necessary, and also acquiring lands withinwyes formed by junctions of state highways, or junctions of state highwaysand other public highways;

(12) Acquiring lands or interests therein for the purpose ofdepositing thereon excess excavated or other materials produced in theconstruction, reconstruction, widening, improvement or maintenance of anystate highway;

(13) Acquiring lands for any other purpose necessary for the properand economical construction of the state highway system for which thecommission may have authority granted by law. If condemnation becomesnecessary, the commission shall have the power to proceed to condemn suchlands in the name of the state of Missouri, in accordance with theprovisions of chapter 523, RSMo, insofar as the same is applicable to thesaid state highways and transportation commission, and the court or juryshall take into consideration the benefits to be derived by the owner, aswell as the damage sustained thereby. The state highways andtransportation commission also shall have the same authority to enter uponprivate lands to survey and determine the most advantageous route of anystate highway as granted, under section 388.210, RSMo, to railroadcorporations.

2. In any case in which the commission exercises eminent domaininvolving a taking of real estate, the court, commissioners, and jury shallconsider the restriction of or loss of access to any adjacent highway as anelement in assessing the damages. As used in this subsection, "restrictionof or loss of access" includes, but is not limited to, the prohibition ofmaking right or left turns into or out of the real estate involved,provided that such access was present before the proposed improvement ortaking.

(RSMo 1939 § 8759, A.L. 2004 S.B. 1233, et al.)

Prior revision: 1929 § 8111

CROSS REFERENCE:

Acquisition and operation of quarries or factories to obtain road materials, RSMo 226.240 to 226.270

(1962) Highway commission had authority to condemn easement to provide a substitute location for pipelines which was necessary for interstate highway construction as the taking was for public purpose and was not in violation of Art. III, § 38(a) since state received compensation in surrender of existing right-of-way. State ex rel. State Highway Commission v. Eakin (Mo.), 357 S.W.2d 129.

(1962) In condemning a right-of-way for highways the state highway commission acts for the state and is its alter ego so that the taking is by the sovereign, and therefore the commission may condemn property of a fire district already devoted to public use. State ex rel. State Highway Commission v. Hoester (Mo.), 362 S.W.2d 519.

(1972) Subdivision (13) of this section does not empower the state highway commission to provide rest areas on state routes. State ex rel. State Highway Commission v. Pinkley (A.), 474 S.W.2d 46.

(1981) Power of eminent domain includes right to survey in anticipation of and preparation for condemnation. State ex rel. Rhodes v. Crouch (Mo.), 621 S.W.2d 47.

(1987) Eminent domain statutes are narrowly construed and an activity conducted beyond the scope of such statute, such as a "soil survey", may be enough of an intrusion to constitute a taking. Missouri Highway and Transportation Commission v. Eilers, 729 S.W.2d 471 (Mo.App.).