The Missouri House of Representatives recently passed a bill aimed at limiting the government’s ability to seize private property. However, critics argue that the legislation falls short of truly protecting private property rights and appears to be more of a symbolic gesture in the culture war.
Sponsored by state Rep. Mike Haffner (R–Pleasant Hill), House Bill 1750 passed with a comfortable margin of 115–27. The bill seeks to amend the state’s eminent domain law to exclude properties used for generating electricity from wind or solar energy.
Eminent domain is the government’s authority to take private property for public use, as permitted by the Takings Clause of the Fifth Amendment. While traditionally used for projects like highways or utility lines, the Supreme Court’s 2005 decision in Kelo v. City of New London expanded this power to include transferring property to private developers.
Some states, such as Florida and New Mexico, have implemented stricter measures to protect property owners from abuse of eminent domain. However, Missouri has been criticized for not enacting sufficient reforms to prevent misuse of this power.
Haffner’s bill, though well-intentioned, has been criticized for its limited scope. While it aims to restrict eminent domain for solar and wind projects, it does not address potential abuses by other industries. Critics argue that singling out specific energy sources for constraints on eminent domain is unfair.
Despite no reported instances of wind or solar developers attempting to use eminent domain in Missouri, proponents of the bill argue that preemptive measures are necessary to safeguard property rights. However, opponents like Rep. Peter Merideth (D–St. Louis) question the bill’s selective focus on certain energy projects.
Missouri Republicans have previously attempted to reform eminent domain laws in relation to specific projects, such as the Grain Belt Express transmission line. These efforts have led to heightened compensation for affected homeowners and deadlines for project completion.
