Land Use & Zoning
In Missouri, a landowner whose property is condemned by the state for a highway has the right to:
ARefuse the condemnation
BReceive just compensation and challenge the amount in court✓ Correct
CKeep the property and receive compensation
DFile a complaint with MREC
Explanation
When the government exercises eminent domain, the property owner must ultimately yield the property for public use but has the constitutional right to just compensation and the right to challenge the compensation amount in court.
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Key Terms to Know
Eminent Domain
The power of government to take private property for public use, with the requirement to pay the owner just compensation.
Right of First RefusalA contractual right giving a party the opportunity to match any offer received before the owner can accept it from a third party.
Joint TenancyCo-ownership where two or more people hold equal, undivided interests with the right of survivorship — when one owner dies, their share passes to the surviving owners.
Tenancy in CommonCo-ownership where two or more people hold undivided interests that need not be equal and pass to each owner's heirs — no right of survivorship.
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