Missouri Constitution Section

Article I
Section 26
November 14, 2016

Compensation for property taken by eminent domain--condemnation juries--payment--railroad property.

Section 26. That private property shall not be taken or damaged for public use without just compensation. Such compensation shall be ascertained by a jury or board of commissioners of not less than three freeholders, in such manner as may be provided by law; and until the same shall be paid to the owner, or into court for the owner, the property shall not be disturbed or the proprietary rights of the owner therein divested. The fee of land taken for railroad purposes without consent of the owner thereof shall remain in such owner subject to the use for which it is taken.

Source: Const. of 1875, Art. II, § 21.

(2016) Section does not apply to public entities whose property has been taken by another public entity. St. Louis Sewer Dist. v. Bellefontaine Nbrs., 476 S.W3d 913 (Mo.).


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