April 2008

MO-CPR Says Missouri Supreme Court Decision Shows Need for Constitutional Changes

MO-CPR Press Release March 18th, 2008

Missouri Citizens for Property Rights' chairman Ron Calzone made the following statement regarding the Missouri Supreme Court's decision in the case of Arnold v. Tourkakis:

"My heart goes out to Homer and his wife, who are now a step closer to having a quarter-century of hard work destroyed by city bulldozers. The high court ignored the clear statement in Article I Section 28 that 'private property shall not be taken for private use with or without compensation' as Missourian's fundamental protection against private use eminent domain."

"The court instead stretched the application of Article VI, Section 21, despite plain language limiting those powers to chartered cities. This illogical decision puts hundreds of thousands of Missourians' property rights in greater danger."

"That's not the worst of it, though. In the majority opinion, the court wrote, 'Unless limited by the constitution, the legislature has the right to authorize the exercise of the unlimited and practically absolute sovereign power of eminent domain.'"

"Today's decision has effectively expanded the opportunity of every little town and burg to use eminent domain for private gain."

"Like the US Supreme Court's 2005 Kelo decision, this decision proves that we cannot rely on the courts to protect our property rights. Only our ballot initiative, which unequivocally outlaws eminent domain for private profit, will reverse the Supreme Court's wrongheaded decision and give property owners the protections they deserve. We are grateful that in the midst of his legal battle with the city, Homer has found the time to support our effort to gather the signatures to put these amendments on the ballot. Homer's determination to fight for not only his own property rights but those of his fellow Missourians is a real inspiration."