JEFFERSON CITY - The Missouri Supreme Court heard arguments Thursday in a case that will determine whether eminent domain will continue in more than 600 cities throughout the state.
Eminent domain allows the state to seize private property for public use. One case could set a precedent for eminent domain cases in the state.
The Missouri Supreme Court heard the final arguments for city of Arnold v. Homer R. Tourkakis Thursday. Tourkakis's case is one of many business owners in jeopardy of losing his business. This is a crucial case for families and business owners who may also lose their homes to eminent domain.
Virginia Marth has lived in the same house since birth. But, Marth may not spend the last years of her life there.
"I can't imagine the idea of it not being in our family. That someone wouldn't be living there," said Marth.
Her city government is trying to take her family's home under eminent domain.
"The value to me is beyond the real estate value," said Penelope Marth, daughter.
The Missouri Supreme Court heard a similar case about a Missouri dentist who may lose his business.
"A property owner should not be commanded to leave his property," said Homer Tourkasis, respondent.
The defense argues the city is unchartered, and thus shouldn't be able to take tracts of land.
"Missouri has some of the worst laws in the nation when it come to eminent domain," said Timothy Sandefur, appellant's attorney. The appellant argues that the court should not discriminate between chartered and unchartered cities.
"To say that it's unconstitutional to do any redevelopment simply is not the rule," said Gerard Carmody, respondent's attorney.
No matter how the case comes down, the decision will affect how eminent domain will be practiced and ruled on in Missouri.
The Marths may be the last two generations to make memories in their home. For now, they say they'll wipe the tears from each other eyes and hold on to the hope that their voice might be heard.
"It's not about money it's about the right to own your property," said Maxine Johnson, against eminent domain.
The supreme court's ruling is expected to come down some time next week.
Many people say the decision will affect more than one business. They say the decision on eminent domain should set a precedence for Missouri law.