Section VI Section 21

Constitution

Effective - 27 Feb 1945, see footnote   

  VI Section 21.  Reclamation of blighted, substandard or insanitary areas. — Laws may be enacted, and any city or county operating under a constitutional charter may enact ordinances, providing for the clearance, replanning, reconstruction, redevelopment and rehabilitation of blighted, substandard or insanitary areas, and for recreational and other facilities incidental or appurtenant thereto, and for taking or permitting the taking, by eminent domain, of property for such purposes, and when so taken the fee simple title to the property shall vest in the owner, who may sell or otherwise dispose of the property subject to such restrictions as may be deemed in the public interest.

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Source: Const. of 1945.

(1954) Land Clearance for Redevelopment Law (RSMo, § 99.300 et seq.) does not contravene this provision of the Constitution. State on Inf. Dalton v. Land Clearance for Redev. Auth., 364 Mo. 974, 270 S.W.2d 44.

(1954) In determining the validity of slum clearance legislation granting power of eminent domain, § 28, Art. I, and § 21, Art. VI, are to be construed together and as so construed a legislative finding that a blighted or insanitary area exists so as to authorize the exercise of the power of eminent domain is conclusive on the courts in absence of allegation and proof that the finding is arbitrary, or induced by fraud, collusion or bad faith. State on Inf. Dalton v. Land Clearance for Redev. Auth., 364 Mo. 974, 270 S.W.2d 44; (1954) Land Clearance for Redev. Auth. v. City of St. Louis (Mo.), 270 S.W.2d 58.

(2008) Section authorizes non-charter as well as charter cities to exercise power of eminent domain. City of Arnold v. Tourkakis, 249 S.W.3d 202 (Mo.banc).