Missouri Highway & Transportation Commission v. Eilers

LOWENSTEIN, Judge.

The Missouri Highway and Transportation Commission sued Rey Eilers to enjoin him from denying the Commission access to Eilers’ property. The Commission sought to enter the property, prior to condemnation, to conduct a soil survey. Eilers counterclaimed to enjoin the soil survey claiming it was a taking of property without just compensation. The trial court denied both injunctions and both parties appeal.

This lawsuit arises out of the Commission’s plan to build a four-lane highway and bridge through northern Callaway and southern Audrain counties. Part of the proposed highway…