Green Acres Land & Cattle Co. v. State
Citation: 19 ELR 21345
No. No. WD 39789, 766 S.W.2d 649/(Mo. Ct. App., 04/18/1989)
The court rules that, as a matter of law, the establishment and maintenance of wildlife areas in their natural condition does not amount to an unreasonable use of land or a nuisance. Damage to private property in the nature of a nuisance creates a cause of action sounding in inverse condemnation when the nuisance is operated by an entity holding the power of eminent domain. The state's creation and maintenance of wildlife preserves, however, is a reasonable exercise of the state's constitutional authority to manage wildlife resources. Thus, landowners whose crops were damaged through foraging of their private lands by wild birds whose numbers had increased because of the preserves may not recover for inverse condemnation.
Counsel for Plaintiffs-Appellants
Peter R. Healy
Miller, Bash& Starrett
4310 Madison, Kansas City MS 64111
Counsel for Defendants-Respondents
Robert J. Swift Jr.
Kohn, Savett, Marison & Graf
2400 One Reading Ctr., 1101 Market St., Ste. 2400, Philadelphia PA 19107
Before COVINGTON, P.J., and NUGENT and GAITAN, JJ.