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"Eminent domain," often called "condemnation," is the legal process by which a public body (and certain private bodies, such as utility companies, railroads, redevelopment corporations and some others) are given the legal power to acquire private property for a use that has been declared to be public by constitution, statute or ordinance.
The "condemnor" is the public or private body having the legal power of eminent domain. The "condemnee" is the owner of the private property sought to be taken.
Under the United States and Missouri constitutions, private property may be taken by eminent domain so long as the taking is for a public purpose and the condemnor pays just compensation.
The "public purpose" is the use defined in the constitution, statute or ordinance. "Just compensation" is the "fair market value" of the property and any consequential damages. The "fair market value" is the current value of land and improvements, based on what price the property would bring if the owner did not have to sell and the buyer did not have to buy.
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