MO HJR52

Repeals sections 26, 27, and 28 of article I of the Missouri Constitution and replaces them with revised provisions regulating eminent domain powers.

Restricts eminent domain power to the state and political subdivisions whose officials are directly accountable to elected officers, requiring that takings be necessary for public use with just compensation determined by jury or board of commissioners.

Prohibits private property from being taken for private use or private ownership, requiring courts to independently determine whether a contemplated use is truly public without regard to legislative declarations.

Allows original property owners to reclaim property taken by eminent domain after five years if the declared use is not earnestly pursued, and gives owners first right of refusal if property is sold to private entities within twenty years of taking.

Permits property takings for railroads, utilities, and rural electric cooperatives, but requires the property owner to retain fee ownership subject to the use for which it was taken.