SMI Releases New Study of Eminent Domain

On Tuesday, Sept. 15, the Show-Me Institute released a new study: “Gradual and Silent Erosions: How the Missouri Supreme Court Expanded the Power of Eminent Domain.” It discusses last year’s Missouri Supreme Court decision in City of Arnold v. Tourkakis, and was written by Timothy Sandefur, a senior attorney for the Pacific Legal Foundation and a nationally recognized expert in constitutional protection of property rights who represented Homer and Julie Tourkakis in their fight to save their dentist’s office from being taken from them by Arnold, Mo., on behalf of a private developer.

Sandefur points out several areas in which the Tourkakis court’s analysis veered away from earlier holdings about how laws should be interpreted and applied, before concluding that the court’s refusal to protect Dr. Tourkakis’ office from the wrecking ball represents only the latest in a series of steps that Missouri courts have taken away from the powerful protections for property ownership that are enshrined in the state’s Constitution.