Title VII CITIES, TOWNS AND VILLAGES Chapter 88 • Effective - 28 Aug 1939 88.667. Condemnation of private property. — Private property may be taken by cities of the fourth class, for public use, for the purpose of establishing, opening, widening, extending or altering any street, avenue, alley, wharf, creek, river, watercourse, marketplace, public park, or public square, and for establishing market houses and for any other necessary public purposes. -------- (RSMo 1939 § 7229) Prior revisions: 1929 § 7079; 1919 § 8529 (1998) A municipality's general statutory authority to condemn private property is not sufficient to condemn property devoted to prior public use for another public use which will destroy, impair or interfere with such prior use. Smithville v. St. Luke's Northland Hospital, 972 S.W.2d 416 (W.D.Mo.).
Missouri Legal Code