By: Tracy Hunsaker Gilroy
The Gilroy Law Firm
231 South Bemiston, Suite 800
Clayton, MO 63105
(314) 965-3536

I. Historical Aspect of Zoning as Constitutional Case Scenarios

A. 1791: Bill of Rights

10 ^thAmendmentPower of States to enact zoning is inherent b/c not in the enumerated powers delegated to the federal government and not prohibited to the states by the Constitution; therefore reserved the power for the states.

B. 1791: Bill of Rights

5 ^thAmendment- nor shall private property be taken for public use without just compensation

C. 1821: Missouri 1 ^stConstitution

Missouri applied for admission into the Union and submitted its constitution.

D. 1875: Missouri Constitution

We, the people of Missouri, with profound reverence for the Supreme Ruler of the Universe, and grateful for His goodness, do establish this constitution for the better government of the state.

Sidenote: The Declaration of Independence: 1776

When in the Course of human Events, it becomes necessary for one People to dissolve the Political Bands which have connected them with another, and to assume among the Powers of the Earth, the separate and equal Station to which the Laws of Nature and Natures Godentitle them, a decent Respect to the Opinions of Mankind requires that they should declare the causes which impel them to the Separation.

Article I, Section 10: Due Process:

That no person shall be deprived of life, liberty or property without due process of law.

Article 1, Section 26: Public Use & Just Compensation

That private property shall not be taken or damaged for public use without just compensation.

Article 1, Section 28: No Private Takings Regardless of $

Judicial Determination of Public Use

That private property shall not be taken for private use with or without compensation, unless by consent of the owner, except for private ways of necessity, and except for drains and ditchesacross the lands of others for agricultural and sanitary purposes, in the manner prescribed by law; and that when an attempt is made to take private property for a use alleged to be public, the question whether the contemplated use be public shall be judicially determined without regard to any legislative declaration that the use is public.

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