PIKE CITIZENS FOR PROPERTY RIGHTS, LLC
The purpose of the group will be as follows:
1) To study local and national economic development issues and inform Pike County citizenry of our findings.
2) To encourage positive development in Pike County, which benefits communities as a whole but also takes into account individual property rights.
3) To support candidates for office (of any affiliation), who are willing to emphasize individual property rights in all development plans.
Eminent Domain
" . . . nor shall private property be taken for public use, without just compensation."
-- United States Constitution, Fifth Amendment.
"Private property is the foundation of all civilized societies." Thomas Jefferson
"Those who trade liberty for security will have neither liberty nor security." Benjamin Franklin
Watch out for any "Blight" study done in or around your property.
Missouri Constitution
Article VI
LOCAL GOVERNMENT Section 21
August 28, 2008
Reclamation of blighted,substandard or insanitary areas. Section 21. Laws may be enacted, and any city or county operating under a constitutional charter may enact ordinances, providing for the clearance, replanning, reconstruction, redevelopment and rehabilitation of blighted, substandard or insanitary areas, and for recreational and other facilities incidental or appurtenant thereto, and for taking or permitting the taking, by eminent domain, of property for such purposes, and when so taken the fee simple title to the property shall vest in the owner, who may sell or otherwise dispose of the property subject to such restrictions as may be deemed in the public interest.
Here is the State of Missouri's Ombudsman for Private Property web site:Here is some of the information from the State that you can read in order for you to understand how the system works. In a 353 you have NO CHOICE if the City "Blights" the area and moves forward you will have 60 to 100 days to move and/or take your case to court where in all lately hood you will fail.
If a person lives in an area that becomes a 353 and that person doesn't wish to move that person will have NO CHOICE but to move when the City makes a motion to take the property. What will the homeowner get? Market value for their home. Donna Prior the Pike County Assessor has, or will be, sending you a new appraised value and that IS MARKET VALUE according to the County. That amount is, in all likely hood, what you will be compensated for your home and/or business. YOU WILL HAVE NO CHOICE.
Here is some information from the State of Missouri:
Tax abatement under the Urban Redevelopment Corporations Law is only extended to real property that has been found to be a "blighted area" by the city. For purpose of 353 tax abatement the term "blighted area" is defined as:
That portion of the city within which the legislative authority of such city determines that by reason of age, obsolescence, inadequate or outmoded design or physical deterioration, have become economic and social liabilities, and such conditions are conducive to ill health, transmission of disease, crime or inability to pay reasonable taxes.
A 353 Corporation (Urban Redevelopment Corporation) tax abatement is available for 25 years. During the first 10 years, the property is not subject to real property taxes except in the amount of the real property taxes assessed on the land, exclusive of improvements, during the calendar year preceding the calendar year preceding the calendar year during which the Urban Redevelopment Corporation acquired title to the real property. 353.110.1, RSMO. During the next 15 years, the real property may be assessed up to 50% of its true value. 353.110.2,RSMO. This means that the city may approve a development plan, which provides full tax abatement for 25 years.
Did you know that you can review The City of Clarksville's Master Plan and see for yourself what's on it?
- If you wish to see the Master Plan for Clarksville, please stop by City Hall where there is one copy available for you to review. Just go in and tell the City Clerk and/or the Mayor that you wish to see the plan and you will be allowed to sit in the “Community Room” and look at the document.
- In the Master Plan you will see a proposed 353 Urban Redevelopment District that runs from Mississippi Street by the Visitor’s Center, South to Tennessee. This 353 District includes 1st, 2nd, some of 3rd Street and down to the River. You can stop in City Hall and see if any of your property is included. This “Redevelopment District” is a large area of the City including all of Downtown, the Medical Center property, CBC Bank, LaCrosse, churches, the Post Office, many private homes, and River front properties.
- On the Master Plan there is a Proposed Parks & Recreation Community Improvement District, an Arts & Entertainment Community Improvement District, and Recommended Areas for City Annexation. Is your property in any of these areas?
Urban Redevelopment Corporation Law, Chapter 353, do not violate the constitutional provisions prohibiting the taking of private property for public use without consent of owner.
Annbar Associates v. West Side Redevelopment Corp. (Mo.), 397 S.W.2d 635.
Following the U.S. Supreme Court’s decision in Kelo v. New London (You may want to read "Little Pink House" the book) that allowed property to be seized to make way for developments that would generate more tax revenue.
Here are some of the FAQ's from
How will I know the government plans to take my property? Under Missouri law, 60 days before the filing of a condemnation petition, the condemning authority must provide the owner of record of such property with a written notice concerning the intended acquisition.
Do I have to move out right away? No. In Missouri, if the property taken is your principal place of residence, you will usually have100 days from the date of the award.
Should I rely on the government’s opinion that any proposal to take my property isn’t a "big deal"? When confronted by potential victims of eminent domain, one of the most popular responses of condemning authorities is that the plan isn’t a "big deal".
What does “blighted” mean? The term “blighted” will usually refer to the condition of the property. In Missouri, there are multiple definitions of “blight.” Below are links to three definitions of “blight” under Missouri law.
Chapter 99
Chapter 100
Chapter 353
Even if the municipality says the plan is nothing more than a “preliminary proposal?” This is another line that condemning authorities use to try to calm the Missouri property owners whose homes and small businesses are in potential peril.
These “preliminary proposals” have been explained to other Missouri small business owners as nothing more than a “back of a napkin sketch,” or just “one avenue of many” that may be used to redevelop the area. If government officials are considering sketches that include your current business as a parking lot, it will probably be more than a “back of a napkin” sketch to you.
Again, this is YOUR property and a threat to YOUR property rights is only going to be as big of a deal as YOU make it.
For the complete vision of the FAQ's from State of Missouri's Ombudsman for Private Property web site please visit: www.eminentdomain.mo.gov
Is your property in a proposed 353 District? If so, your property (it will be found) meets one or more the reasons listed above to be "blighted".
Knowledge is power. Thank you for your time.
For the latest updates please click on the"News" link, last updated on 1/27/10.
There is some very important news!
For any questions, comments, or if you wish to join and/or come to one of our meetings please email:
email@pikecountypropertyrights.org