Sugar Creek Case Points Out Loophole in Eminent Domain Law

1 decade 3 years 7 hours ago Sunday, July 08 2007 Jul 8, 2007 Sunday, July 08, 2007 10:40:53 AM CDT July 08, 2007 in News
Source: (Copyright 2007 The Associated Press All Rights Reserved.)
SUGAR CREEK (AP) - A plan to build a retail and housing project in Sugar Creek has some questioning the state's new eminent domain provisions. Sugar Creek officials say they want to buy out 57 homes and 15 commercial buildings for the 40-acre project. But some of the homeowners say they have no intention of selling, which means the town may have to use eminment domain to take the land. After a 2005 Supreme Court decision allowed the use of eminent domain for private developments, Missouri and other states passed legislation regulating government's right to take land from private owners. Missouri's new law says allows entire neighborhoods to be declared blighted if most of the properties meets the definition. But many of the residents effected by Sugar Creek's plans say their homes can't be considered blighted. The Sugar Creek Board of Aldermen are expected to vote on the proposal this month. If approved, it calls for purchase of the land in August.

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