523.262. Power of eminent domain limited, how--private entities to have power of eminent domain--notice. - Missouri Statutes

Power of eminent domain limited, how--private entities to have powerof eminent domain--notice.

523.262. 1. Except as set forth in subsection 2 of this section, thepower of eminent domain shall only be vested in governmental bodies oragencies whose governing body is elected or whose governing body isappointed by elected officials or in an urban redevelopment corporationoperating pursuant to a redevelopment agreement with the municipality for aparticular redevelopment area, which agreement was executed prior to or onDecember 31, 2006.

2. A private utility company, public utility, rural electriccooperative, municipally owned utility, pipeline, railroad or commoncarrier shall have the power of eminent domain as may be granted pursuantto the provisions of other sections of the revised statutes of Missouri.For the purposes of this section, the term "common carrier" shall notinclude motor carriers, contract carriers, or express companies. Where acondemnation by such an entity results in a displaced person, as defined insection 523.200, the provisions of subsections 3 and 6 to 10 of section523.205 shall apply unless the condemning entity is subject to therelocation assistance provisions of the federal Uniform RelocationAssistance Act.

3. Any entity with the power of eminent domain and pursuing theacquisition of property for the purpose of constructing a power generationfacility after December 31, 2006, after providing notice in a newspaper ofgeneral circulation in the county where the facility is to be constructed,shall conduct a public meeting disclosing the purpose of the proposedfacility prior to making any offer to purchase property in pursuit thereofor, alternatively, shall provide the property owner with notification ofthe identity of the condemning authority and the proposed purpose for whichthe condemned property shall be used at the time of making the initialoffer.

(L. 2006 H.B. 1944)