reglab/housing_qa huggingface dataset:
MO Rev Stat § 523.055 (2021)
2021 Missouri Revised Statutes|Title XXXVI - Statutory Actions and Torts|Chapter 523 - Condemnation Proceedings|Section 523.055 - Possession of land delivered, when, notice — writ of possession, executed how.

Effective - 28 Aug 2006   523.055. Possession of land delivered, when, notice — writ of possession, executed how. — In any action to condemn lands under the power of eminent domain, where the condemnor has paid into the office of the clerk of the circuit court the amount of damages assessed by commissioners pursuant to law, the circuit clerk shall give the owners or those in possession written notice of such fact within five days. If the owners or those in possession do not deliver possession of the property condemned within ten days after the receipt of notice of the payment of the award, then on the request of the condemnor the court shall issue a writ of possession directing the sheriff to deliver the possession of such property to the condemnor forthwith; except that the court may upon the motion of the occupants or owners grant them such extension of time, not to exceed ninety days, as the court finds to be reasonable under all the circumstances. However, any displaced owner of a principal place of residence shall have one hundred days from the date of the award. The writ of possession shall be executed in the manner provided by law for the execution of writs of possession in ejectment suits for the recovery of land. If a writ of possession is issued or a motion filed asking for an extension, then all costs accrued in executing the writ and in the hearing of the motion may be assessed against the said owners. ­­-------- (L. 1959 S.B. 133 § 1, A.L. 2006 H.B. 1944)
MO Rev Stat § 523.060 (2021)
2021 Missouri Revised Statutes|Title XXXVI - Statutory Actions and Torts|Chapter 523 - Condemnation Proceedings|Section 523.060 - Right of trial by jury in condemnation proceedings — jury responsibility in determining fair market value.

Effective - 28 Aug 2006   523.060. Right of trial by jury in condemnation proceedings — jury responsibility in determining fair market value. — 1. Any plaintiff or defendant, individual or corporate, shall have the right of trial by jury of twelve persons, if either party file exceptions to the award of commissioners in any condemnation case.  2. Such jury shall use the definition of fair market value provided for in subdivision (1) of section 523.001. ­­-------- (L. 1945 p. 1072 § 1, A.L. 2006 H.B. 1944)
MO Rev Stat § 523.061 (2021)
2021 Missouri Revised Statutes|Title XXXVI - Statutory Actions and Torts|Chapter 523 - Condemnation Proceedings|Section 523.061 - Determination of homestead taking and heritage value.

Effective - 28 Aug 2006   523.061. Determination of homestead taking and heritage value. — After the filing of the commissioners' report pursuant to section 523.040, the circuit judge presiding over the condemnation proceeding shall apply the provisions of section 523.039 and shall determine whether a homestead taking has occurred and shall determine whether heritage value is payable and shall increase the commissioners' award to provide for the additional compensation due where a homestead taking occurs or where heritage value applies, in accordance with the just compensation provisions of section 523.039. If a jury trial of exceptions occurs under section 523.060, the circuit judge presiding over the condemnation proceeding shall apply the provisions of section 523.039 and shall determine whether a homestead taking has occurred and shall determine whether heritage value is payable and shall increase the jury verdict to provide for the additional compensation due where a homestead taking occurs or where heritage value applies, in accordance with the just compensation provisions of section 523.039. ­­-------- (L. 2006 H.B. 1944)  (2013) Heritage valuation sections do not impermissibly alter constitutional definition of "just compensation", do not confer public funds for private benefit, and do not invade the jury's duty to determine "just compensation". St. Louis County v. River Bend Estates Homeowners' Ass'n., 408 S.W.3d 116 (Mo.banc).
MO Rev Stat § 523.070 (2021)
2021 Missouri Revised Statutes|Title XXXVI - Statutory Actions and Torts|Chapter 523 - Condemnation Proceedings|Section 523.070 - Costs, by whom paid.

Effective - 28 Aug 1939   523.070. Costs, by whom paid. — The cost of the proceeding to appropriate the right-of-way shall be paid by the company seeking the appropriation, up to and including the filing and copying of the report of the commissioners' and the court, as to any costs made by subsequent litigation, may make such order as in its discretion may be deemed just. The court shall allow the commissioners a reasonable compensation for their services, which shall be taxed as costs in the proceedings. ­­-------- (RSMo 1939 § 1509)  Prior revisions: 1929 § 1345; 1919 § 1796; 1909 § 2365
MO Rev Stat § 523.080 (2021)
2021 Missouri Revised Statutes|Title XXXVI - Statutory Actions and Torts|Chapter 523 - Condemnation Proceedings|Section 523.080 - Shall not enter or appropriate dwelling house.

Effective - 28 Aug 1939   523.080. Shall not enter or appropriate dwelling house. — No telephone or telegraph company shall, by virtue of this chapter, be authorized to enter or appropriate any dwelling, barn, store, warehouse or similar building, erected for any agricultural, commercial or manufacturing purposes, or to erect poles so near thereto as materially to inconvenience the owner in their use or to occasion injury thereto. ­­-------- (RSMo 1939 § 1510)  Prior revisions: 1929 § 1346; 1919 § 1797; 1909 § 2366
MO Rev Stat § 523.090 (2021)
2021 Missouri Revised Statutes|Title XXXVI - Statutory Actions and Torts|Chapter 523 - Condemnation Proceedings|Section 523.090 - Who may have damages ascertained — proceedings.

Effective - 28 Aug 1939   523.090. Who may have damages ascertained — proceedings. — In case property is to be, will be, or has been by any corporation damaged for public use, any person interested may have such damages ascertained. The proceedings for ascertaining and paying such damages shall be the same as are and may be provided by law for assessing damages which owners of land may sustain in consequence of its appropriation for railroad purposes. ­­-------- (RSMo 1939 § 1511)  Prior revisions: 1929 § 1347; 1919 § 1798; 1909 § 2367
MO Rev Stat § 523.100 (2021)
2021 Missouri Revised Statutes|Title XXXVI - Statutory Actions and Torts|Chapter 523 - Condemnation Proceedings|Section 523.100 - Appropriation of lands of corporations by other corporations.

Effective - 28 Aug 1939   523.100. Appropriation of lands of corporations by other corporations. — In case the lands sought to be appropriated are held by any corporation, the right to appropriate the same by a railroad, telephone or telegraph company shall be limited to such use as shall not materially interfere with the uses to which, by law, the corporation holding the same is authorized to put said lands. Where no agreement can be made between the parties, the mode of assessing the damages provided heretofore, as to private persons, shall be adopted; and if the lands to be appropriated lie in more than one county, an application may be made in any one county in which any of the lands lie, and the damages shall be assessed as to all the lands of the defendant corporation along the whole line in one proceeding. ­­-------- (RSMo 1939 § 1512)  Prior revisions: 1929 § 1348; 1919 § 1799; 1909 § 2368  CROSS REFERENCE:  Corporations subject to eminent domain, Const. Art. XI § 4
MO Rev Stat § 523.200 (2021)
2021 Missouri Revised Statutes|Title XXXVI - Statutory Actions and Torts|Chapter 523 - Condemnation Proceedings|Section 523.200 - Definitions.

Effective - 28 Aug 2006   523.200. Definitions. — As used in sections 523.200 to 523.215, the following words mean:  (1) "Displaced person", any person that moves from the real property or moves his personal property from the real property permanently and voluntarily as a direct result of the acquisition, rehabilitation or demolition of or the written notice of intent to acquire such real property, in whole or in part, for a public purpose;  (2) "Public agency", the state of Missouri or any political subdivision or any branch, bureau or department thereof, any public school district, and any quasi-public corporation created or existing by law which are authorized to acquire real property for public purpose and which acquire any such property either partly or wholly with aid or reimbursement from federal funds;  (3) "Urban redevelopment corporation", as defined in section 353.020. ­­-------- (L. 1971 H.B. 94 § 1, A.L. 1991 H.B. 502, A.L. 2006 H.B. 1944)
MO Rev Stat § 523.210 (2021)
2021 Missouri Revised Statutes|Title XXXVI - Statutory Actions and Torts|Chapter 523 - Condemnation Proceedings|Section 523.210 - Agencies authorized to establish rules and regulations.

Effective - 28 Aug 1971   523.210. Agencies authorized to establish rules and regulations. — All public agencies are authorized and directed to establish such policies, rules, and regulations as may be necessary to eliminate discrimination in assistance given to displaced persons as provided in the preceding section. ­­-------- (L. 1971 H.B. 94 § 3)
MO Rev Stat § 523.215 (2021)
2021 Missouri Revised Statutes|Title XXXVI - Statutory Actions and Torts|Chapter 523 - Condemnation Proceedings|Section 523.215 - Not to affect other condemnation compensation.

Effective - 28 Aug 1971   523.215. Not to affect other condemnation compensation. — Nothing herein shall be deemed to alter or add to just compensation in condemnation proceedings as now provided by law. ­­-------- (L. 1971 H.B. 94 § 4)
MO Rev Stat § 523.250 (2021)
2021 Missouri Revised Statutes|Title XXXVI - Statutory Actions and Torts|Chapter 523 - Condemnation Proceedings|Section 523.250 - Notice of intended acquisition — mailing requirements.

Effective - 28 Aug 2006   523.250. Notice of intended acquisition — mailing requirements. — 1. At least sixty days before filing of a condemnation petition seeking to acquire an interest in real property, the condemning authority shall provide the owner of record of such property with a written notice concerning the intended acquisition. Such notice shall include:  (1) Identification of the interest in real property to be acquired and a statement of the legal description or commonly known location of the property;  (2) The purpose or purposes for which the property is to be acquired;  (3) A statement that the property owner has the right to:  (a) Seek legal counsel at the owner's expense;  (b) Make a counteroffer and engage in further negotiations;  (c) Obtain such owner's own appraisal of just compensation;  (d) Have just compensation determined preliminarily by court-appointed condemnation commissioners and, ultimately, by a jury;  (e) Seek assistance from the office of the ombudsman for property rights created under section 523.277;  (f) Contest the right to condemn in the condemnation proceeding; and  (g) Exercise the rights to request vacation of an easement under the procedures and circumstances provided for in section 527.188. ­­An owner may waive the requirements of this subsection prescribed above in a writing executed by the owner.  2. The written notice required by this section shall be deposited in the United States mail, certified or registered, and with postage prepaid, addressed to the owner of record as listed in the office of the city or county assessor for the city or county in which the property is located. The receipt issued to the condemning authority by the United States Post Office for certified or registered mail shall constitute proof of compliance with this notice requirement; provided, however, that nothing in this section shall preclude a condemning authority from proving compliance with this notice requirement by other competent evidence. ­­-------- (L. 2006 H.B. 1944)
MO Rev Stat § 523.253 (2021)
2021 Missouri Revised Statutes|Title XXXVI - Statutory Actions and Torts|Chapter 523 - Condemnation Proceedings|Section 523.253 - Written offer, requirements — explanation of determination of property value.

Effective - 28 Aug 2006   523.253. Written offer, requirements — explanation of determination of property value. — 1. A condemning authority shall present a written offer to all owners of record of the property. The offer must be made at least thirty days before filing a condemnation petition and shall be held open for the thirty-day period unless an agreement is reached sooner. The offer shall be deposited in the United States mail, certified or registered, and with postage prepaid, addressed to the owner of record as listed in the office of the city or county assessor for the city or county in which the property is located. The receipt issued to the condemning authority by the United States Post Office for certified or registered mail shall constitute proof of compliance with this requirement; provided, however, that nothing in this section shall preclude a condemning authority from proving compliance with this requirement by other competent evidence. Nothing in this section shall prohibit the parties from negotiating during the thirty-day period.  2. (1) Any condemning authority shall, at the time of the offer, provide the property owner with an appraisal or an explanation with supporting financial data for its determination of the value of the property for purposes of the offer made in subsection 1 of this section.  (2) Any appraisal referred to in this section shall be made by a state-licensed or state-certified appraiser using generally accepted appraisal practices. ­­-------- (L. 2006 H.B. 1944)
MO Rev Stat § 523.256 (2021)
2021 Missouri Revised Statutes|Title XXXVI - Statutory Actions and Torts|Chapter 523 - Condemnation Proceedings|Section 523.256 - Good faith negotiation required, findings, remedies.

Effective - 28 Aug 2006   523.256. Good faith negotiation required, findings, remedies. — Before a court may enter an order of condemnation, the court shall find that the condemning authority engaged in good faith negotiations prior to filing the condemnation petition. A condemning authority shall be deemed to have engaged in good faith negotiations if:  (1) It has properly and timely given all notices to owners required by this chapter;  (2) Its offer under section 523.253 was no lower than the amount reflected in an appraisal performed by a state-licensed or state-certified appraiser for the condemning authority, provided an appraisal is given to the owner pursuant to subsection 2 of section 523.253 or, in other cases, the offer is no lower than the amount provided in the basis for its determination of the value of the property as provided to the owner under subsection 2 of section 523.253;  (3) The owner has been given an opportunity to obtain his or her own appraisal from a state-licensed or state-certified appraiser of his or her choice; and  (4) Where applicable, it has considered an alternate location suggested by the owner under section 523.265. ­­If the court does not find that good faith negotiations have occurred, the court shall dismiss the condemnation petition, without prejudice, and shall order the condemning authority to reimburse the owner for his or her actual reasonable attorneys' fees and costs incurred with respect to the condemnation proceeding which has been dismissed. ­­-------- (L. 2006 H.B. 1944)
MO Rev Stat § 523.259 (2021)
2021 Missouri Revised Statutes|Title XXXVI - Statutory Actions and Torts|Chapter 523 - Condemnation Proceedings|Section 523.259 - Abandonment of condemnation, remedies — applicability.

Effective - 28 Aug 2006   523.259. Abandonment of condemnation, remedies — applicability. — 1. If any condemning authority abandons a condemnation, each owner of interests sought to be condemned shall be entitled to recover:  (1) Their reasonable attorneys' fees, expert expenses and costs; and  (2) The lesser of:  (a) The owner's actual damages accruing as a direct and proximate result of the pendency of the condemnation if proven by the owner; or  (b) The damages required to be paid to an owner in the event of an abandonment under the terms of the applicable redevelopment plan or agreement. ­­In the event that the applicable redevelopment plan or agreement is silent as to damages required to be paid to an owner in the event of an abandonment, a court shall order the condemning authority to pay the owner's actual reasonable attorneys' fees and expenses, and shall award damages accruing as a direct and proximate result of the pendency of the condemnation if proven by the landowner.  2. The provisions of this section shall only apply to redevelopment plans or agreements entered into after December 31, 2006. ­­-------- (L. 2006 H.B. 1944)
MO Rev Stat § 523.261 (2021)
2021 Missouri Revised Statutes|Title XXXVI - Statutory Actions and Torts|Chapter 523 - Condemnation Proceedings|Section 523.261 - Legislative determinations of areas to be condemned to be supported by substantial evidence, hearing, appeal.

Effective - 28 Aug 2006   523.261. Legislative determinations of areas to be condemned to be supported by substantial evidence, hearing, appeal. — Solely with regard to condemnation actions pursuant to the authority granted by Section 21, Article VI, Constitution of Missouri and laws enacted pursuant thereto, any legislative determination that an area is blighted, substandard, or unsanitary shall not be arbitrary or capricious or induced by fraud, collusion, or bad faith and shall be supported by substantial evidence. A condemning authority or the affected property owner may seek a determination as to whether these standards have been met by a court of competent jurisdiction in any condemnation action filed to acquire the owner's property or in an action seeking a declaratory judgment. Upon the filing of such a declaratory judgment or when such a defense is raised in a condemnation proceeding, the circuit court shall give the case preference in the order of hearing to all other cases, except elections cases, to the extent necessary to conclude the case within thirty days of having been filed. Either party may thereafter file an interlocutory appeal of the circuit court's order upholding or rejecting the legislative body's determination. Any subsequent or interlocutory appeal to a higher court on the appeal of the legislative determination shall be given preference and concluded in an expedited manner similar to the manner set forth herein for a hearing in circuit court. An interlocutory appeal shall not stay proceedings in the court unless the court of appeals so orders. ­­-------- (L. 2006 H.B. 1944)
MO Rev Stat § 523.262 (2021)
2021 Missouri Revised Statutes|Title XXXVI - Statutory Actions and Torts|Chapter 523 - Condemnation Proceedings|Section 523.262 - Power of eminent domain limited, how — private entities to have power of eminent domain — notice.

Effective - 28 Aug 2006   523.262. Power of eminent domain limited, how — private entities to have power of eminent domain — notice. — 1. Except as set forth in subsection 2 of this section, the power of eminent domain shall only be vested in governmental bodies or agencies whose governing body is elected or whose governing body is appointed by elected officials or in an urban redevelopment corporation operating pursuant to a redevelopment agreement with the municipality for a particular redevelopment area, which agreement was executed prior to or on December 31, 2006.  2. A private utility company, public utility, rural electric cooperative, municipally owned utility, pipeline, railroad or common carrier shall have the power of eminent domain as may be granted pursuant to the provisions of other sections of the revised statutes of Missouri. For the purposes of this section, the term "common carrier" shall not include motor carriers, contract carriers, or express companies. Where a condemnation by such an entity results in a displaced person, as defined in section 523.200, the provisions of subsections 3 and 6 to 10 of section 523.205 shall apply unless the condemning entity is subject to the relocation assistance provisions of the federal Uniform Relocation Assistance Act.  3. Any entity with the power of eminent domain and pursuing the acquisition of property for the purpose of constructing a power generation facility after December 31, 2006, after providing notice in a newspaper of general circulation in the county where the facility is to be constructed, shall conduct a public meeting disclosing the purpose of the proposed facility prior to making any offer to purchase property in pursuit thereof or, alternatively, shall provide the property owner with notification of the identity of the condemning authority and the proposed purpose for which the condemned property shall be used at the time of making the initial offer. ­­-------- (L. 2006 H.B. 1944)
MO Rev Stat § 523.265 (2021)
2021 Missouri Revised Statutes|Title XXXVI - Statutory Actions and Torts|Chapter 523 - Condemnation Proceedings|Section 523.265 - Alternative locations for condemnation, procedure.

Effective - 28 Aug 2006   523.265. Alternative locations for condemnation, procedure. — With regard to property interests acquired by condemnation or negotiations in lieu of the exercise thereof, within thirty days of receiving a written notice sent under section 523.250, the landowner may propose to the condemning authority in writing an alternative location for the property to be condemned, which alternative location shall be on the same parcel of the landowner's property as the property the condemning authority seeks to condemn. The proposal shall describe the alternative location in such detail that the alternative location is clearly defined for the condemning authority. The condemning authority shall consider all such alternative locations. This section shall not apply to takings of an entire parcel of land. A written statement by the condemning authority to the landowner that it has considered all such alternative locations, and briefly stating why they were rejected or accepted, is conclusive evidence that sufficient consideration was given to the alternative locations. ­­-------- (L. 2006 H.B. 1944)
MO Rev Stat § 523.271 (2021)
2021 Missouri Revised Statutes|Title XXXVI - Statutory Actions and Torts|Chapter 523 - Condemnation Proceedings|Section 523.271 - Exercise of eminent domain over private property for economic development purposes prohibited — definition.

Effective - 28 Aug 2006   523.271. Exercise of eminent domain over private property for economic development purposes prohibited — definition. — 1. No condemning authority shall acquire private property through the process of eminent domain for solely economic development purposes.  2. For the purposes of this section, "economic development" shall mean a use of a specific piece of property or properties which would provide an increase in the tax base, tax revenues, employment, and general economic health, and does not include the elimination of blighted, substandard, or unsanitary conditions, or conditions rendering the property or its surrounding area a conservation area as defined in section 99.805. ­­-------- (L. 2006 H.B. 1944)