Modifies provisions relating to condemnation proceedings

This act also modifies the definition of "heritage value" by providing that such term means the value assigned to any real property that has been owned within the same family for at least twenty, rather than fifty, years.

This act provides any corporation, political subdivision, state agency, cooperative, or person with the authority to condemn property shall give a 15-day notice to the property owner for purposes relating to surveying. Additionally, for easements acquired either by voluntary means or condemnation by corporations, political subdivisions, state agencies, cooperatives, or persons with the authority to condemn property, this act provides a 5-day notice requirement for entry and other duties related to abandonment or damages occurring to the property. Any such corporation, political subdivision, state agency, cooperative, or person that violates in any material respect the notice requirement or other duties shall be subject to a civil action by the property owner, the Attorney General, or prosecuting attorney for a civil penalty of up to $1,000 for each violation for each day, except that the maximum penalty shall not exceed $100,000 for all related violations, or for equitable relief.

Upon the filing of a condemnation petition, a summons shall be issued giving a property owner at least 60 days, rather than 10 days, from the date of service of such petition before the petition may be heard. Additionally, this act provides that the property owner shall have 30 days from the date of service to answer such petition, except a failure to answer shall not constitute a default of the owner's rights to a hearing. At the initial hearing, the condemning authority shall have the burden to prove, by clear and convincing evidence, that there is statutory authority to condemn the property and that the empowering law, rules, and bylaws have been followed.

This act also modifies just compensation for condemned property to include compensation equal to the amount of any taxes owed by a property owner as a consequence of the eminent domain proceeding. Additionally, for condemnations that result in a beginning farmer taking, the just compensation shall be an amount equivalent to the fair market value multiplied by 125% plus the amount of such taxes. This act defines a beginning farmer taking as any taking of any agricultural or horticultural property of a Missouri individual or entity that has not operated a farm or ranch for not more than 10 years and who participates in the operation of the farm or ranch.

Additionally, the condemning authority shall include in the notice and written offer provided before the filing of a petition a statement that the property owner has the right to seek an award for heritage value, a homestead taking, or a beginning farmer taking, the right to seek attorney's fees if the amount awarded is greater than the offer, and a copy of the provision of this act regarding notices by and duties of the condemning authority and the list of obligations and remedies provided in such provision.

This act also repeals the requirement that the electrical transmission line be designed to transmit electricity at 345-kilovolts or greater for determinations of good faith negotiations of condemnation of any agricultural or horticultural property for the construction of an electrical transmission line.

For considerations of alternative locations, the written statement by the condemning authority to the owner on the reasoning for the rejection or acceptance of alternative locations shall be set forth with specificity, rather than by a brief statement. Additionally, any rejection of the landowner's suggested alternative location shall not be arbitrary or capricious nor induced by fraud, collusion, or bad faith, and shall be supported by substantial evidence. A condemning authority or the owner may seek a determination by the circuit court that these requirements have been met.

Lastly, this act repeals the provision that any number of owners, residents in the same county or circuit, may be joined in one petition, except that the damages shall be separately assessed.

This act is identical to SB 1698 (2026) and is similar to HB 3375 (2026). KATIE O'BRIEN