Judge awards $2.1M in eminent domain case

A St. Louis County judge awarded $2.1 million to a family whose Chesterfield property was condemned for the expansion of Missouri 141.

The judgment, which Judge Ellen H. Ribaudo issued Dec. 29, comes after a Dec. 15 jury verdict valuing the 15 acres at $1.3 million. The judgment also includes $650,000 for the property’s heritage value; it had belonged to the Novel family since Arthur Novel purchased it in 1904. In addition, the property owners were awarded $158,000 in prejudgment interest, calculated from Feb. 26, when the condemnation commissioners filed their report with the court, until the date of the verdict.

According to information provided by the family’s attorney, Denlow & Henry’s Robert Denlow, St. Louis County initially offered $238,000 for the property and then argued at trial that it was worth between $208,000 and $238,000 because most of it is located in a flood plain.

The family argued the property, just off Creve Coeur Mill Road, was worth $1.3 million because it, like other flood plains, could be developed.

“We basically gave the jury a mini-course on how to be a developer using 15 acres of floodplain and floodway with a creek running through it,” Denlow said.

He said the county asserted it was legally too difficult and too costly to develop the site, particularly during a recession.

“I think the jury was aware that St. Louis County chose to condemn the property during a period of recession, and I don’t think they wanted to hold that against the owners,” Denlow said.

County Counselor Patricia Redington said she likely will appeal the judgment. She said the judge improperly allowed the property owners to testify that they did not want to sell the property and that they were holding it as a tribute to their grandfather.

She also asserted that the heritage value law is unconstitutional.

“The constitution calls for just compensation, and just compensation means fair market value, not sentimental value,” she said.

The 2006 Legislature enacted several changes to eminent domain statutes, including the law requiring an additional heritage value when a piece of property has belonged to the same family for 50 years or more. The heritage value equals 50 percent of the fair market value, as determined by the condemnation commissioners or a jury in an exceptions trial. The law applies to cases filed after Dec. 31, 2006.

In September, the Missouri Court of Appeals Eastern District transferred to the state Supreme Court a case challenging the constitutionality of homestead value, another provision of the eminent domain overhaul. That case is City of Richmond Heights v. Gasway.

The county acquired the Chesterfield property in 2010 to build the so-called Page-Olive Connector. The Missouri Department of Transportation is building the rest of the project to the south. Construction of the connector began in August 2010, and the project is expected to be complete in July, according to www.page-oliveconnector.org.

The county already paid $480,000 to the court: $320,000 was the amount of the commissioners’ award, and $160,000 was the heritage value based on the earlier award.

■  $2.1 million judgment

Eminent domain

■ Breakdown: $1.3 million jury verdict; $650,000 heritage value; $158,769 prejudgment interest

■ Venue: St. Louis County Circuit Court

■ Case Number/Date: 10SL-CC01874/Dec. 29, 2011

■ Judge: Ellen H. Ribaudo

■ Last Pretrial Demand: $1.3 million

■ Last Pretrial Offer: $238,000

■ Caption: St. Louis County v. River Bend Estates Homeowners Association et al.; Exceptions of the Novel family

■ Plaintiff’s Attorneys: Carl Becker and Stephanie Hill, St. Louis County Counselor’s Office, Clayton

■ Defendants’ Attorneys: Robert Denlow and Paul Henry, Denlow & Henry, Clayton