Missouri Supreme Court Unanimously Upholds $2.1 Million Eminent Domain Judgment for Property Owned by Family for 106 Years
“Yesterday, in St. Louis Cnty v River Bend Estates Homeowners’ Ass’n, No. SC92470 (Sep. 10, 2013), the Missouri Supreme Court unanimously upheld the constitutionality of Missouri’s Heritage Value Statute, §§ 523.001(2) and 523.061 RSMo, that awards certain property owners a 50% increase over the fair market value of their property when the property is taken by eminent domain.
“This is an important day for property owners in the State of Missouri,” said Robert Denlow, the attorney for the property owners and the Missouri Owners’ Counsel of America representive. “In 2006, the Missouri Legislature reacted against the infamous Kelo decision by protecting owners that have held on to their property for at least 50 years. The [Missouri] Supreme Court today backed the Legislature’s protection for property owners.”
This case arose from a jury trial held in St. Louis County in December 2011 that resulted in a judgment awarding the Novel family $2.1 million as damages for the taking of their property through eminent domain. The Novel family had owned their 15 acres of land on the eastern edge of Chesterfield since it was purchased by the family patriarch, Arthur Novel, in 1904. The property served as the family home and farm until Mr. Novel passed away in the late 1960’s and has remained under the family’s ownership.”
PR Web 11 September 2013.