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MISSOURI HIGHWAY AND TRANSP. COM'N v. KEEVEN

No. 77116.

895 S.W.2d 587 (1995)

STATE of Missouri ex rel. MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION, Appellant, v. Joseph Harry KEEVEN, et al., Respondents.

Supreme Court of Missouri, En Banc.

March 21, 1995.

Attorney(s) appearing for the Case

John H. Gladden, Laura A. Schildz, Chesterfield, Rich Tiemeyer, Gregory W. Schroeder, Jefferson City, for appellant.

Kevin A. Suffern, Dale L. Rollins, St. Charles, for respondents.

ROBERTSON, Judge.

This case presents two issues: First, whether Article IV, Section 30(b) and Section 227.120(13) permit the Missouri Highway and Transportation Commission ("the Commission") to condemn private property to replace federally protected wetlands disturbed in construction of a highway; second, whether the Commission may condemn the land it seeks to condemn in this case. The trial court held that the Commission lacked authority to condemn any land to replace...

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