2006 Initiative Petitions
Approved for Circulation in Missouri
Constitutional Amendment to Article VI, Section 21(a) - Development in Floodplains, Wetlands and Agricultural Lands
NOTICE: You are advised that the proposed constitutional amendment may change, repeal or modify by implication or be construed by some persons to change, repeal or modify by implication, the following provisions of the Missouri Constitution - Sections 26, 27, and 28 of Article I; section 38(c) of Article III; Sections 21, 23(a), 27, and 27(b) of Article VI; and Section 4 of Article XI.
THE PROPOSED AMENDMENT
Be it resolved by the people of the State of Missouri that the Constitution be amended :
One new section is adopted by adding one new section to be known as section 21(a) of Article VI to read as follows:
Section 21(a). No city, town, village, county or other political subdivision shall use eminent domain powers to acquire, or to use or allow the use of any economic incentive to acquire, develop or improve any property which is (1) in any 100 year floodplain, as defined by the United States government; (2) wetlands as defined by the United States government; or (3) land which has been used for an agricultural purpose at any time in the last five years. Cities, towns, villages, counties, levee districts and other political subdivisions shall not construct any levee or other flood control structure within the 100 year floodplain, as defined by the United States government, unless at least seventy-five percent of the surface area of such land to be protected by such levee or flood control structure contains structures or streets as of the effective date of this amendment. This section shall not apply to the use of eminent domain for the sole purpose to acquire land for streets and sanitary sewers and the necessary right of way appurtenant thereto, or to the use of economic incentives for development or improvement of agricultural land not in any 100 year floodplain or wetlands, provided that title to such agricultural land is not obtained through the expenditure of any governmental funds or use of any governmental power.