536.017. Taking of private property defined--proposed rules require takings analysis, when, purpose, procedure--rule invalid, when--exceptions.

MISSOURI STATUTES AND CODES

536.017. Taking of private property defined--proposed rules require takings analysis, when, purpose, procedure--rule invalid, when--exceptions.

Taking of private property defined--proposed rules require takingsanalysis, when, purpose, procedure--rule invalid, when--exceptions.

536.017. For purposes of this section, "taking of private property"shall mean an activity wherein private property is taken such thatcompensation to the owner of the property is required by the fifth andfourteenth amendments to the Constitution of the United States or any othersimilar or applicable law of this state. No department or agency shalltransmit a proposed rule or regulation which limits or affects the use ofreal property to the secretary of state until a takings analysis hasoccurred. The takings analysis shall evaluate whether the proposed rule orregulation on its face constitutes a taking of real property under relevantstate and federal law. The department or agency shall certify in thetransmittal letter to the secretary of state that a takings analysis hasoccurred. Any rule that does not comply with this section shall be invalidand the secretary of state shall not publish the rule. A takings analysisshall not be necessary where the rule or regulation is being promulgated onan emergency basis, where the rule or regulation is federally mandated, orwhere the rule or regulation substantially codifies existing federal orstate law.