82.240. Parks, cemeteries may be provided for. — It shall be lawful for any such city to make provision in its charter, or by amendment thereof, to acquire and hold by gift, devise, purchase or by the exercise of the power of eminent domain by condemnation proceedings, lands for public use, either within the corporate boundaries of such city or outside of such corporate boundaries, and within the territorial limits of the county in which such city may be situated, for public parks, cemeteries, penal institutions, hospitals, rights-of-way for sewers, or for any other public purpose, and to provide for managing, controlling and policing the same.
Notes of Decisions
State Ex Rel. Chastain v. City of Kansas City, 289 S.W.3d 759 (Mo. Ct. App. 2009).
· cites it 8× “mend the judgment by including specific findings and rulings with respect to their claim that the Mayor and members of the Council acted in bad faith and, in addition, amend the judgment by declaring whether the light rail ordinance violated article III, section 51 or article X,…”
City of Springfield ex rel. Bd. of Pub. Utils. v. Brechbuhler, 895 S.W.2d 583 (Mo. 1995).
· cites it 35× “Section 82.240, the primary statute regarding condemnation powers for home rule cities, provides as follows: It shall be lawful for [a constitutional charter city] to make a provision in its charter, or by amendment thereof, to acquire and hold by gift, devise, purchase or by…”
City of Kansas City, Missouri v. Telester Ameena Powell, 451 S.W.3d 724 (Mo. Ct. App. 2014).
· cites it 3× “” On July 23, 2012, the City filed a Petition in Condemnation, invoking the authority granted to it by § 82.240 and seeking to condemn various properties (including Powell’s) to build a police station and crime lab for public use.”
City of Springfield v. Mecum, 320 S.W.2d 742 (Mo. Ct. App. 1959).
· cites it 9× “The city relies upon the authority granted by the Legislature, Section 82.240 RSMo 1949, V.A.M.S., which provides that the .”
City of Columbia v. Baurichter, 713 S.W.2d 263 (Mo. 1986).
· cites it 2× “§ 82.240, RSMo 1978. However, unless the city charter explicitly provides to the contrary, the city is required to follow the general condemnation requirements set forth in § 523.”
Cedar Cnty. Mem'l Hosp. v. Nevada City Hosp., 987 S.W.2d 422 (Mo. Ct. App. 1999).
· cites it 6× “Cities which are not constitutional charter cities have only those powers expressly delegated by the state statutes or constitution. Section 82.240 allows a constitutional charter city to acquire land for hospitals and “to provide for managing controlling, and policing of the…”
State ex rel. White v. Eiffert, 774 S.W.2d 152 (Mo. Ct. App. 1989).
· cites it 10× “To support this proposition, the relators cite § 82.240, State ex rel. Schwab v. Riley, 417 S.”
Vill. of Claycomo v. City of Kansas City, 635 S.W.2d 365 (Mo. Ct. App. 1982).
“Here, Kansas City has the power to acquire land for the purpose of refuse disposal under Articles 1(9) and 1(28) of its charter, and § 82.240, R.S.Mo.1978, and its own Board of Adjustment would have no authority over the exercise of that power, or the use by Kansas City of its…”
City of Cape Girardeau v. Jett, 851 S.W.2d 114 (Mo. Ct. App. 1993).
· cites it 6× “Defendants point to § 82.240 which was passed in 1939, long before the adoption of Art.”
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