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SECOND REGULAR SESSION
HOUSE BILL NO. 2298
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE HADEN.
5014H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal section 523.039, RSMo, and to enact in lieu thereof one new section relating to
eminent domain for electric cooperatives.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 523.039, RSMo, is repealed and one new section enacted in lieu
2 thereof, to be known as section 523.039, to read as follows:
523.039. 1. In all eminent domain proceedings filed after December 31, 2006, just
2 compensation for condemned property shall be determined under one of the three following
3 subdivisions, whichever yields the highest compensation, as applicable to the particular type
4 of property and taking:
5 (1) An amount equivalent to the fair market value of such property;
6 (2) For condemnations that result in a homestead taking, an amount equivalent to the
7 fair market value of such property multiplied by one hundred twenty-five percent; or
8 (3) For condemnations of property that result in any taking that prevents the owner
9 from utilizing property in substantially the same manner as it was currently being utilized on
10 the day of the taking and involving property owned within the same family for fifty or more
11 years, an amount equivalent to the sum of the fair market value and heritage value. For the
12 purposes of this subdivision, family ownership of property may be established through
13 evidence of ownership by children, grandchildren, siblings, or nephews or nieces of the
14 family member owning the property fifty years prior to the taking; and in addition, may be
15 established through marriage or adoption by such family members. If any entity owns the
16 real property , members of the family shall have an ownership interest in more than fifty
17 percent of the entity in order to be within the family line of ownership for the purposes of this
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
18 subdivision. The property owner shall have the burden of proving to the commissioners or
19 court that the property has been owned within the same family for fifty or more years.
20 2. For eminent domain proceedings of any agricultural or horticultural property by an
21 electrical corporation as defined in section 386.020[ , except for an electrical corporation
22 operating under a cooperative business plan as described in section 393.1 10 , ] for the purposes
23 of constructing an electric plant subject to a certificate of convenience and necessity under
24 subsection 1 of section 393.170 or by an electrical corporation operating under a
25 cooperative business plan as described in subsection 2 of section 393.1 10, just
26 compensation shall be an amount equivalent to fair market value multiplied by one
27 hundred fifty percent, as determined by the court. The provisions of this subsection shall not
28 apply to applications filed pursuant to section 393.170 prior to August 28, 2022.
✔
HB 2298 2