This week we discussed Eminent Domain in Jefferson City. We have owned a small cabin with 40 acres in Douglas County since the 1970s. On paper that property has a value of approximately $65,000. In this economy there are new automobiles being sold for more than that. Because of the memories I have with my grandparents, parents, spouse, children and now my grandson that property is priceless to our family. However, because of Eminent Domain the government could come in at any time if they pay “fair market value.” I am proud to say we worked this week to make it much tougher for the government to play that card in the future. Protecting the people from government overreach and authority is something that will always be one of my highest priorities. Below are the basic bullet points of this legislation.
Lawmakers Act to Protect the Rights of Landowners (HB 2005)
The Missouri House took action this week to protect land owners from having their property unlawfully seized through the misuse of eminent domain. House members gave initial approval to HB 2005, which is a direct response to the Grain Belt Express project that has the authority to use eminent domain to acquire land in Missouri. Grain Belt Express is a high-voltage electric transmission line that will run approximately 800 miles from Kansas to Indiana. In 2019, the project was granted the authority to obtain land easements in Missouri through the use of eminent domain. The Grain Belt is a private out-of-state company that is using eminent domain as a public utility. There is very little benefit for the state of Missouri. Only six percent of the power is going to be used here in our state. The sponsor, Mike Haffner said the bill is a response to the land owners who are pleading with the legislature for help. He said the bill, “ensures utility projects in Missouri actually benefit the state of Missouri. It provides just compensation for land owners when their land is being taken from them and it’s being condemned. It also incentivizes negotiations outside the court process.”
HB 2005 would require that any electrical corporation that proposes building a transmission line must provide a minimum of 50% of its electrical load to Missouri consumers to be considered a public service and to be allowed to condemn property to construct the transmission. The bill also specifies that in condemnation proceedings, just compensation for agricultural or horticultural land will be 150% of fair market value, which will be determined by the court. Additionally, the bill states that in a condemnation proceeding for agricultural or horticultural land in which a court appoints three disinterested commissioners, at least one of the commissioners must be a farmer who has been farming in the county for at least 10 years.
The bill now requires another positive vote in the House before moving to the Senate.
As always, please feel free to reach out to us anytime you need any help with government at any level. My office number is 573-751-2042 and my email is Travis.Smith@house.mo.gov
God bless you and your family, the State of Missouri and the United States of America.
