Opinion: Standing firm for private property rights

At a time when large-scale infrastructure projects and renewable energy development continue to reshape Missouri’s rural landscape, state policy must reflect fairness, transparency and respect for landowners. This is why Missouri Farm Bureau is advocating for the adoption of the Landowners Fairness Act. The bill sets statewide standards – across all condemning authorities – for how landowners should be treated before, during and after the condemnation process.

From the beginning, initial contact with landowners should be transparent and clearly inform them of their rights. Condemning authorities should work in good faith to integrate landowner suggestions for the siting of easements and to more transparently negotiate the value of the taking. The proposed legislation ensures procedural rights for landowners, similar to any other civil litigation, such as extending deadlines to allow for the ability to hire an attorney, record defenses and perform discovery. Under the proposed law, landowners would receive advance notice before a government or utility sends surveyors or work crews to enter a property.

Additionally, the legislation aims to more fairly compensate impacted landowners. For example, landowners should be able to recover attorney’s fees when a condemner initially undervalues their property, causing them unnecessary expense, time and stress. The bill strengthens compensation when property has been owned by the same family for more than 20 years, ensures compensation reflects tax burdens, and enhances payments to beginning farmers who are especially adversely affected.

The Landowner Fairness Act establishes standards for land restoration after projects are constructed. For example, condemners should remove vegetation and stumps after any land-clearing activity, repair and reseed impacted areas, and remove all above-ground and some underground components after the abandonment of an easement. These common-sense measures, and others, can help guarantee land is returned to preconstruction capabilities. Importantly, the bill provides landowner flexibility and enforcement mechanisms if the condemning authority does not comply.

With increased demand for electricity and transmission looming over the horizon, legislative remedies are essential to safeguard the interests of landowners. Property rights have long been a cornerstone of our legal system and American way of life. Yet, individuals’ concerns are too often overlooked, minimized or bypassed entirely when they are one of the few impacted parties standing in the way of the greater good. It’s time for Missouri to clearly state that the rights of individual landowners are just as important as large-scale developers.

While the legislative process and law can be complicated, our message is simple: Landowners should be treated fairly.

Kayden Guymon is director of regulatory affairs and public policy counsel for the Missouri Farm Bureau. He can be reached at kayden.guymon@mofb.org.