Mo. Rev. Stat. » Chapter 253
Missouri Revised Statutes

Mo. Rev. Stat. § 253.040 (2026)

Acquisition of land

✓ current as of May 2026
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  253.040.  Acquisition of land — eminent domain. — 1.  The department of natural resources is hereby authorized to accept or acquire by purchase, lease, donation, agreement or eminent domain, any lands, or rights in lands, sites, objects or facilities which in its opinion should be held, preserved, improved and maintained for park or parkway purposes.  The department of natural resources is authorized to improve, maintain, operate and regulate any such lands, sites, objects or facilities when such action would promote the park program and the general welfare.  The department of natural resources is further authorized to accept gifts, bequests or contributions of money or other real or personal property to be expended for any of the purposes of sections 253.010 to 253.100; except that any contributions of money to the department of natural resources shall be deposited with the state treasurer to the credit of the state park earnings fund and expended upon authorization of the department of natural resources for the purposes of sections 253.010 to 253.100 and for no other purposes.

  2.  In the event the right of eminent domain be exercised, it shall be exercised in the same manner as now or hereafter provided for the exercise of eminent domain by the state highways and transportation commission.

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(RSMo 1949 § 253.020, A.L. 1953 p. 317 § 3, A.L. 1961 p. 231)

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 1971–2022 · leading case: Missouri State Park Bd. v. McDaniel, 473 S.W.2d 774 (Mo. Ct. App. 1971).
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Missouri State Park Bd. v. McDaniel, 473 S.W.2d 774 (Mo. Ct. App. 1971). “020) 1 instituted this condemnation suit to acquire for park purposes (§ 253.040) 40 acres allegedly owned by defendants “lying within Lake of the Ozark State Park.”
State Ex Rel. State High. Comm'n v. Pinkley, 474 S.W.2d 46 (Mo. Ct. App. 1971). “Seizing upon the word “park,” defendants maintain that only the Missouri State Park Board, by § 253.040, is given the statutory power to acquire land for a state park or parkway purposes, and that the State Highway Commission is not so empowered.”
Van Mcgibney v. Missouri Dep't of Nat. Resources (Mo. Ct. App. 2022). · cites it 8× “of natural resources” and its statutory obligation to preserve land with “scenic, historic, prehistoric, archeological, scientific, or other distinctive characteristics or natural features.”
State ex rel. Nixon v. Childers, 243 S.W.3d 403 (Mo. Ct. App. 2007). · cites it 2× “The court further concluded that the Director of DNR had authority to decline to acquire property rights to the bridge under Section 253.040, R.S.Mo.2000. The State appeals.”
Missouri Coalition for the Env't & Thomas J. Sager v. State of Missouri (Mo. 2020). “…”); § 253.040 (“[DNR] is hereby authorized to accept or acquire by purchase, … any lands, or rights in lands, sites, objects or facilities which in its opinion should be held, preserved, improved and maintained for park or parkway purposes.”
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