ST. LOUIS, Mo. – A top Missouri lawmaker plans to review a state law that two north St. Louis County municipalities are using to tow vehicles from private property.
State Rep. David Evans (R-District 154), chairman of the Missouri House Judiciary Committee, said state law requires basic due process rights be met before government seizure and forfeiture of personal property.
In Jennings, St. Louis County police officers stopped the city from towing a truck parked in a private driveway that the city’s Building Division claimed to be in violation of the city’s code.
Mayor Gary Johnson said the truck was a safety hazard, but refused to answer whether the city requested a warrant.
Robert Cotton Sr., who owns the truck with expired tags, said he hasn’t driven it in several years due to mechanical issues.
“It’s not in the street; it’s not blocking the sidewalk,” Cotton said.
Calverton Park has towed dozens of cars from people’s driveway for having expired tags, according to Code Enforcement Lieutenant Sean Gibbons.
Gibbons seeks an administrative search warrant from the municipal judge to seize the vehicles, after offering a hearing which he would hold.
“It’s up to the courts to determine whether we stay on one side or the other. That’s not up to us, but until then, we can interpret it as we must and the city attorney’s advice,” Gibbons said.
Evans said the committee will look at the law in-depth again next session.
“If clarification is needed, I’ll be filing a bill to make sure property rights of our citizens are without question protected in this state,” Evans said. “Thank you for pointing out this issue of statutory interpretation by some cities.”