BILL WOULD ENABLE THE EXPANSION OF AIRPORTS

Cities and counties could use eminent domain to expand airports outside their boundaries if legislation sponsored by Sen. Peter Kinder passes.

Kinder's bill, SB-144, will have a hearing this afternoon before the Agriculture and Local Government Committee.

Many cities and counties have used such authority in the past, but a recent court decision has clouded the use of eminent domain outside city limits.

Perryville City Administrator Craig Lindsley is among those expected to testify today. He first called the problem to Kinder's attention.

Kinder, R-Cape Girardeau, said dozens of communities around the state need the legislation and predicted it would have good support in the Senate.

Many cities have airports outside their city limits and need to protect their option to expand.

Making the issue even more crucial, Kinder said, is that many cities have industrial parks around their airports.

Missouri cities have always operated under the assumption they had the authority to condemn land for airport expansions.

At the Perryville airport, several miles outside town, city officials had problems acquiring land for a runway extension for Sabreliner.

Without the power of condemnation, cities and counties are at the mercy of landowners and essentially have to pay whatever price they want to expand airports.

Cape Girardeau City Attorney Warren Wells said the city isn't faced with that problem now, because all land that is part of the airport is within the city limits.

But if the city ever needed to expand beyond the property it currently owns, all adjacent land is not part of the city.

"The concern of the Council is that the day may come when we will want to expand the airport and may need condemnation," said Wells.

As a charter city, Wells said Cape Girardeau may already have the legal authority to use eminent domain, unlike cities like Perryville who are not charter cities.

But Wells said the city believes the legislation will be helpful, because "we are cognizant that our power to exercise eminent domain might be called into question."

Kinder said after today's hearing that he anticipates the committee will vote next week on whether to send the bill to the full Senate for consideration.

The Missouri Municipal League is included in the supporters of the bill.