Eminent Domain Victory in Missouri
Gideon Kanner has news of a victory for property owners in a state that is particularly bad when it comes to eminent domain for redevelopment. Here is the court's decision.
Kanner writes,
So what we have here is another right-to-take case from a state supreme court, and another rejection of the Kelo anything-goes approach. So far, Illinois, Michigan, Ohio, Oklahoma and South Carolina have rejected the Kelo approach of taking at face value whatever the condemnor-municipality offers as evidence, even when that "evidence" can only be said to bear a rational relation to the conceivable. In the Show-Me state it will take more than that.
The US Supreme Court's majority now stands effectively isolated from the mainstream of American judicial thought on the right to take.