value violate article I, section 26; article III, section 38(a); and, article VI, sections 23and 25 of the Missouri Constitution.The record is sufficient for this Court to rule on the claims on appeal withconfidence. Regarding the county’s claims, this Court finds that any errors in the trialcourt’s evidentiary rulings are either not preserved or not prejudicial. This Court alsofinds that the jury verdict was not excessive so as to require a new trial. Finally, thisCourt finds that the heritage value statutes are constitutionally valid. Therefore, the judgment of the trial court is affirmed.
Facts and Procedure
St. Louis County determined that it was necessary to condemn 15 acres of real property located at 1653 Creve Coeur Mill Road in Chesterfield for the Page/Oliveconnector of the Highway 141 extension project. The 15-acre tract was deeded toArthur Novel in 1904. While Arthur and his wife, Stella, lived on the property and operated it as a farm until their deaths, it had been vacant since 1968, and there iscurrently no house on the property. On the date of the taking, the property was heavilywooded with a creek, steep bluff, and sloping terrain.St. Louis County filed its petition in condemnation in the circuit court of St.Louis County on December 22, 2009, with Arthur and Stella’s descendants and their spouses as defendants.
On February 11, 2010, the trial court entered an order of
Arthur and Stella Novel’s descendants and their spouses are defendants in this action because of their interest in the 15-acre tract. They are collectively referred to as “the Novels.”