SCS/SB 1264 - This act requires:

(1) At any time the Highways and Transportation Commission exercises eminent domain, all parties shall consider the restriction of or loss of access to any adjacent highway as an element of damages;

(2) The condemning entity to declare the exact location of the property desired;

(3) State the specific intended use of the property;

(4) The taking entity shall not make use of any such property in a manner inconsistent with the purpose for the taking;

(5) When the property taken is being utilized as agricultural land at the time of the taking, the taking entity shall restore any land not encumbered by the improvement, as closely as possible, to the prior condition so as to allow the land to be used in an agricultural manner;

(6) The property owner has the right to buy back any condemned property that the condemning entity does not use for 10 years at the original price;

(7) Easements acquired through eminent domain shall not be used for any rails-to-trails system upon abandonment by the entity acquiring the easement;

(8) The original property owner has the right to buy back any taken property, taken in fee, that was part of a larger parcel, that the condemning entity does not use for ten years at fair market value, subject to certain restrictions;

(9) The taking entity shall negotiate any repurchase of easement rights or fee interest as provided by subsection 8 of Section 523.010, RSMo.

(10) Provides for the transfer of any taken property should the prior owner not wish to retain the property.

(11) The provisions of subsection 8 of Section 523.010, RSMo, shall not apply to takings occurring in the City of St. Louis, Kansas City, St. Louis County, St. Charles County, or Jackson County.

(12) The Circuit Court in the county where the property in question is located shall by declaratory judgment decided issues associated with the taking. The court shall use a reasonable person standard in making their determination. Court costs may be awarded;

(13) Section 523.010, RSMo, shall not apply to easements acquired by a railroad through the use of eminent domain where the easements are to be used solely for the operation of the railroad;

(14) Establishes a method by which the court must appoint commissioners for condemnation proceedings. The condemning entity will select a commissioner, the landowner will select a commissioner, and the two parties must agree on an independent appraiser to serve as the third commissioner. If they cannot agree on a third commissioner, the court will appoint one; and

(15) The act makes minor modifications to Section 523.070, RSMo, relating to the cost of right-of-way condemnation proceedings.

This act is similar to HS/HCS/HB 1085 (2004).
RICHARD MOORE