523.261. Legislative determinations of areas to be condemned to be supported by substantial evidence, hearing, appeal. - Missouri Statutes

Legislative determinations of areas to be condemned to be supported bysubstantial evidence, hearing, appeal.

523.261. Solely with regard to condemnation actions pursuant to theauthority granted by section 21, article VI, Constitution of Missouri andlaws enacted pursuant thereto, any legislative determination that an areais blighted, substandard, or unsanitary shall not be arbitrary orcapricious or induced by fraud, collusion, or bad faith and shall besupported by substantial evidence. A condemning authority or the affectedproperty owner may seek a determination as to whether these standards havebeen met by a court of competent jurisdiction in any condemnation actionfiled to acquire the owner's property or in an action seeking a declaratoryjudgment. Upon the filing of such a declaratory judgment or when such adefense is raised in a condemnation proceeding, the circuit court shallgive the case preference in the order of hearing to all other cases, exceptelections cases, to the extent necessary to conclude the case within thirtydays of having been filed. Either party may thereafter file aninterlocutory appeal of the circuit court's order upholding or rejectingthe legislative body's determination. Any subsequent or interlocutoryappeal to a higher court on the appeal of the legislative determinationshall be given preference and concluded in an expedited manner similar tothe manner set forth herein for a hearing in circuit court. Aninterlocutory appeal shall not stay proceedings in the court unless thecourt of appeals so orders.

(L. 2006 H.B. 1944)