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Missouri bill would bar utilities from using eminent domain to take land for solar and wind projects
Summary
Rep. Brad Pollitt presented HB 2169 to prohibit electric corporations from condemning land for on‑site solar or wind electricity generation (while preserving the right to connect such facilities to the grid); supporters cited property‑rights concerns and Farm Bureau and commodity groups testified in favor; Ameren said it has no plans to use eminent domain.
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Representative Brad Pollitt told the committee that House Bill 2169 would prevent an electrical corporation from using eminent domain to condemn property for facilities that use wind or solar energy to generate electricity. "The authority of an electrical corporation to condemn property should not extend to the construction or erection of any structure or facility that uses wind or solar energy to generate or manufacture electricity," Pollitt said, adding that the bill would still allow use of eminent domain to connect generation to the grid.
Pollitt and several supporters framed the bill as a property‑rights protection. Mark Faganbaum of the Missouri Farm Bureau said the bill protects farmland and encourages good‑faith negotiations rather than condemnation. "We wanna ensure that this is done through good faith negotiations and not under the threat of eminent domain," he said. Ben Travis of the Missouri Soybean Association echoed that view.
Committee members pressed legal questions. One member cited a prior statutory provision (spoken in committee as chapter "4 42" and section "0.012") suggesting solar was already protected; Pollitt said he would examine that citation. Representative Burton asked why nuclear generation was not included; supporters and opponents debated footprint and property‑rights tradeoffs. Zac Pollock, a registered lobbyist for Ameren, said for informational purposes that Ameren "has no desire to use eminent domain for wind or solar" and appreciated language that preserves connections to the grid.
Witnesses supporting the bill said they had not seen eminent domain used for solar to date but wanted statutory clarity; no formal vote was recorded at the hearing.
