523.261. Legislative determinations of areas to be condemned to be supported by substantial evidence, hearing, appeal. — Solely with regard to condemnation actions pursuant to the authority granted by Section 21, Article VI, Constitution of Missouri and laws enacted pursuant thereto, any legislative determination that an area is blighted, substandard, or unsanitary shall not be arbitrary or capricious or induced by fraud, collusion, or bad faith and shall be supported by substantial evidence. A condemning authority or the affected property owner may seek a determination as to whether these standards have been met by a court of competent jurisdiction in any condemnation action filed to acquire the owner's property or in an action seeking a declaratory judgment. Upon the filing of such a declaratory judgment or when such a defense is raised in a condemnation proceeding, the circuit court shall give the case preference in the order of hearing to all other cases, except elections cases, to the extent necessary to conclude the case within thirty days of having been filed. Either party may thereafter file an interlocutory appeal of the circuit court's order upholding or rejecting the legislative body's determination. Any subsequent or interlocutory appeal to a higher court on the appeal of the legislative determination shall be given preference and concluded in an expedited manner similar to the manner set forth herein for a hearing in circuit court. An interlocutory appeal shall not stay proceedings in the court unless the court of appeals so orders.
Notes of Decisions
Centene Plaza Redevelopment Corp. v. Mint Props., 225 S.W.3d 431 (Mo. 2007).
· cites it 14× “[2] After Centene filed actions for condemnation of the properties, the legislature enacted section 523.261, RSMo Supp.2006. The statute states that with regard to condemnation actions, "any legislative determination that an area is blighted, substandard, or unsanitary shall not…”
City of Kansas City v. Telester Ameena Powell, 451 S.W.3d 724 (Mo. Ct. App. 2014).
· cites it 9× “In her fourth point, Powell argues that the trial court abused its discretion in the following rulings: (1) denying Powell the opportunity to conduct discovery for purposes of contesting the propriety of condemnation; (2) failing to set a hearing on Powell’s affirmative defense…”
Land Clearance for Redevelopment Auth. v. Inserra, 284 S.W.3d 641 (Mo. Ct. App. 2009).
· cites it 11× “Among the new statutes pertinent here are section 523.261 RSMo. (Supp.2008), which codifies the standard of review and authorizes expedited judicial review and interlocutory appeals, and section 523.”
Allright Props., Inc. v. Tax Increment Fin. Comm'n of Kansas City, 240 S.W.3d 777 (Mo. Ct. App. 2007).
· cites it 3× “In Section 523.261, RSMo Supp. 2006, the legislature mandates: Solely with regard to condemnation actions pursuant to the authority granted by section 21, article VI, Constitution of Missouri and laws enacted pursuant thereto, any legislative determination that an area is…”
City of Kansas City v. Chung Hoe Ku, 282 S.W.3d 23 (Mo. Ct. App. 2009).
· cites it 2× “Their collusive actions were fraudulent, arbitrary, in bad faith and were precisely the actions prohibited by § 523.261 RSMo, requiring a conclusion that the trial court lacked jurisdiction to condemn these Subject Properties.”
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