reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 88 - Public Works and Special Assessments — Condemnation › Section 88.047 - Condemnation of property — report of damages.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 88
• Effective - 28 Aug 1949
88.047. Condemnation of property — report of damages. —
When no requests for jury trials are filed within the time limited, or when the allowances of damages have been finally determined, the clerk shall make a report of the result of the proceedings showing the amount of damages finally allowed for each lot, tract or parcel of land to be appropriated, describing the same, and showing the amounts finally charged against the various lots, tracts and parcels of land for benefits, describing the same and the amount assessed against the city at large, if any, and the amount of excess to be paid by the city, if any, under his hand and the seal of the court, and file the same with the papers in the case. He shall also make a copy of said report, duly certified, which the sheriff shall deliver to the city clerk and the sheriff shall make his return on the original showing such service and the date thereof.
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(RSMo 1939 § 6762, A. 1949 H.B. 2036)
Prior revisions: 1929 § 6635; 1919 § 8123
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 88 - Public Works and Special Assessments — Condemnation › Section 88.050 - Condemnation of property — confirmation or rejection of report.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 88
• Effective - 28 Aug 1949
88.050. Condemnation of property — confirmation or rejection of report. —
The city shall, by ordinance, confirm or reject the report mentioned in section 88.047 within thirty days after delivery of the said certified copy to the city clerk and shall file a certified copy of such ordinance with the clerk of the circuit court within ten days after the taking effect of such ordinance. Failure of the city to take action upon such report within the time limited shall be deemed a rejection of same. If such report is rejected in either manner, the proceedings shall be dismissed and no proceedings to condemn any of said property for the same or any similar purpose shall be instituted by the city within two years after the rejection of the report, unless upon the petition of the owners of three-fourths of the property fronting on the line of the proposed improvement.
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(RSMo 1939 § 6393, 6394, 6763, 7492, A. 1949 H.B. 2036)
Prior revisions: 1929 §§ 6271, 6272, 6636, 7339; 1919 §§ 7774, 7775, 8124, 8753; 1909 §§ 8688, 8689
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 88 - Public Works and Special Assessments — Condemnation › Section 88.053 - Condemnation of property — commissioners' compensation, how paid.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 88
• Effective - 28 Aug 1949
88.053. Condemnation of property — commissioners' compensation, how paid. —
The judge shall allow the commissioners and court officials reasonable compensation for their services, which, together with all other costs accruing up to and including confirmation of the commissioners' report, shall be paid by the city. All costs accruing after said time shall be paid by the losing party.
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(RSMo 1939 §§ 6392, 6764, 7004, 7235, 7494, A. 1949 H.B. 2036)
Prior revisions: 1929 §§ 6270, 6637, 6858, 7085, 7341; 1919 §§ 7773, 8125, 8340, 8535, 8755; 1909 §§ 8687, 9267
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 88 - Public Works and Special Assessments — Condemnation › Section 88.057 - Condemnation of property — judgment rendered for city.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 88
• Effective - 28 Aug 1949
88.057. Condemnation of property — judgment rendered for city. —
When the council shall confirm the proceedings, judgment shall be rendered that the city have and hold the property so to be taken upon payment of the compensation assessed therefor, for the purpose specified in the initiatory ordinance, that the city recover the respective amounts assessed against private property, and that the lots, tracts and parcels of land so assessed for benefits stand severally charged and bound for the payment of the respective assessments and the interest that may accrue thereon, and the city pay the amount, if any, charged against it, and if said assessments are by the ordinance aforesaid made payable in more than one installment the judgment shall so recite. The city shall not have the right to take possession of the property condemned until it has paid to the owners, or to the clerk of the court for the use of said owners, the amount of damages determined as aforesaid.
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(RSMo 1939 §§ 6769, 7006, 7008, 7237, 7239, 7492, A. 1949 H.B. 2036)
Prior revisions: 1929 §§ 6641, 6860, 6862, 7087, 7089, 7339; 1919 §§ 8129, 8342, 8344, 8537, 8539, 8753; 1909 §§ 9269, 9271
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 88 - Public Works and Special Assessments — Condemnation › Section 88.060 - Condemnation of property — assessments a lien — special executions.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 88
• Effective - 28 Aug 1949
88.060. Condemnation of property — assessments a lien — special executions. —
1. Said assessments for benefits shall be a lien from the date of the taking effect of the initiatory ordinance and shall continue until the assessment against such lot, tract or parcel of land has been fully paid or a sale made thereunder. No assessment shall be defeated or affected by any irregularity affecting only other assessments. In case of failure of the proceedings as to any part of the land to be condemned supplementary proceedings may be had as to such part. Damages allowed and benefits assessed shall bear interest from the date of final judgment until paid at the rate of six percent per annum, but in case of any deficiency in the interest collected upon benefit assessments, the city shall pay the deficit. In case of failure to collect any assessments in full or in part by failure of the property to sell for a sufficient price to fully pay same and costs of sale, or otherwise, the city shall pay the amount of such deficit or loss. The city may pay all or any part of the assessments and have execution therefor in its own right.
2. Special executions may be issued against any property assessed for benefits at the instance of the city or of any party entitled to damages under the judgment, and such special execution shall be entitled as the case is docketed without naming any owner of the property, and proceedings thereon and sale thereunder shall be governed by the ordinary rules applicable to special executions against real estate. Payments shall be made to the clerk of the court in which the judgment is rendered, and if made at different times the clerk may disburse the same by prorating the amount or amounts so received by him among the various lots, tracts or parcels of land for which damages have been allowed, in proportion to the allowance for each, and paying the respective amounts to the owner thereof.
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(RSMo 1939 §§ 6768, 7007, 7237, 7238, 7492, A. 1949 H.B. 2036)
Prior revisions: 1929 §§ 6640, 6861, 7087, 7088, 7339; 1919 §§ 8128, 8343, 8537, 8538, 8753; 1909 § 9270
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 88 - Public Works and Special Assessments — Condemnation › Section 88.063 - Condemnation of property — right to take possession after payment of damages.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 88
• Effective - 28 Aug 1949
88.063. Condemnation of property — right to take possession after payment of damages. —
Any city shall have the right to advance the amount of damages awarded on the filing of the report of the commissioners assessing the damages and thereupon enter upon and take possession of such property and proceed with the public improvements for which such property is sought to be taken or damaged, and to be reimbursed from the benefits assessed when the same are collected. Any subsequent proceedings shall affect only the amount of compensation to be allowed for the property taken or damaged and shall not in any way interfere with the right of such city to the property sought to be acquired or damaged for public purposes.
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(RSMo 1939 §§ 6395, 7008, 7010, 7239, A. 1949 H.B. 2036)
Prior revisions: 1929 §§ 6273, 6862, 6864, 7089; 1919 §§ 7776, 8344, 8346, 8539; 1909 §§ 8690, 9271, 9273
CROSS REFERENCE:
Possession of land condemned, delivery, how enforced, 523.055
(1960) Where city deposited amount of judgment in condemnation action in court, it could enforce possession of the condemned land even though interest on judgment was not so deposited. Mayor etc. of Liberty v. Boggess (A.), 332 S.W.2d 305.
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 88 - Public Works and Special Assessments — Condemnation › Section 88.067 - Condemnation of property — change of venue.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 88
• Effective - 28 Aug 1949
88.067. Condemnation of property — change of venue. —
No change of venue shall be allowed in any of the proceedings under sections 88.010 to 88.070 to which any city having not less than ten thousand inhabitants and not more than thirty thousand inhabitants and having a special charter is a party except where the judge of the court shall be disqualified for any of the reasons stated in the statute of this state relating to change of venue in civil cases. If the judge of such court is disqualified or is charged by any person interested in such proceedings with being disqualified for any of the reasons stated in the statute, it shall be the duty of said judge to call in a judge from some other judicial circuit of this state to sit and hear the proceedings and render his decree and judgment the same as the regular judge could have done. Said judge so called shall receive for his services mileage and ten dollars per day for each day engaged, to be taxed as cost in the cause.
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(RSMo 1939 § 7496, A. 1949 H.B. 2036)
Prior revisions: 1929 § 7343; 1919 § 8757
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 88 - Public Works and Special Assessments — Condemnation › Section 88.070 - Condemnation of property — duty of court.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 88
• Effective - 28 Aug 1949
88.070. Condemnation of property — duty of court. —
The court shall so adapt its procedure hereunder as to give all parties in interest due process of law and just compensation for all property appropriated notwithstanding any provisions in this or any other statute to the contrary. All proceedings hereunder shall be governed as far as practicable, when the practice is not prescribed by these sections, by the rules applicable to civil proceedings in the circuit court.
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(RSMo 1939 §§ 6770, 7494, A. 1949 H.B. 2036)
Prior revisions: 1929 §§ 6642, 7341; 1919 § 8755
(1959) Where amendment to zoning ordinance providing for zoning of newly annexed land was made without any attempt to comply with sec. 89.070, the amendment could not apply to land so annexed. State ex rel. Sims v. Eckhardt (Mo.), 322 S.W.2d 903.
(1966) This section prescribes the procedure to be followed by the legislative body availing itself in the first instance of the zoning powers granted to all cities, towns, and villages in first establishing zoning in a municipality. It relates only to the original zoning ordinances fixing the boundaries of the original districts and prescribing the regulations to be followed therein. The term "original districts" refers to the establishment of zoning districts in areas not previously zoned. Murrel v. Wolff (Mo.), 408 S.W.2d 842.
(1972) Interim zoning of land not yet legally annexed to city held not authorized by statute. State ex rel. Holiday Park, Inc. v. City of Columbia (Mo.), 479 S.W.2d 422.
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 88 - Public Works and Special Assessments — Condemnation › Section 88.073 - Condemnation of property — right to condemn lands.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 88
Effective - 28 Aug 1949
88.073. Condemnation of property — right to condemn lands. —
1. Cities shall have the right to condemn lands under the provisions of sections 88.010 to 88.070 and pay for the same out of any funds available out of the city treasury without any assessments for benefits, or to advance the amount of damages awarded at the time pending the proceedings and thereupon take possession of the property and to be reimbursed from the benefits assessed when the same are collected.
2. Whenever the charter of any constitutional charter city makes provision for the condemnation of property for public purposes and assessment of benefits therefor, such city may elect to proceed with such condemnation or assessment, or both, in the manner provided in sections 88.010 to 88.070 or to proceed in the manner provided in its charter.
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(RSMo 1939 § 7240, A. 1949 H.B. 2036)
Prior revisions: 1929 § 7090; 1919 § 8540
(1951) Since enactment of this section, proceedings to condemn under city charter exceptions are not required to be tried by common-law jury unless charter so provides. State ex rel. Dennis v. Williams, 362 Mo. 176, 240 S.W.2d 703.
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 88 - Public Works and Special Assessments — Condemnation › Section 88.077 - Condemnation of property — condemnation outside city limits.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 88
Effective - 28 Aug 1949
88.077. Condemnation of property — condemnation outside city limits. —
When it becomes necessary for any city to condemn private property outside of the city limits for any authorized purpose the proceedings therefor shall be regulated in all respects as the condemnation of property for railroad purposes is at the time regulated by law.
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(RSMo 1939 § 7495; A. 1949 H.B. 2036)
Prior revisions: 1929 § 7342; 1919 § 8756
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 88 - Public Works and Special Assessments — Condemnation › Section 88.083 - Street grading — benefits, assessments, lien on property — special judgment and execution.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 88
Effective - 28 Aug 1939
88.083. Street grading — benefits, assessments, lien on property — special judgment and execution. —
It shall be the duty of the commissioners, in every case where damages are allowed as aforesaid, to provide for the payment of such damages by assessing against the city the amount of benefit, if any, to the public generally by reason of the change, enlargement or improvement aforesaid, and the balance, if any, against all property which shall, in the opinion of the commissioners, be especially benefitted by the proposed change, enlargement or improvement, to the amount that each lot or tract of ground shall be benefitted thereby. The sum to be paid by the owners of the property especially benefitted as aforesaid shall be a lien on the property charged from the date of the final decree of the circuit court, and the court, when it makes such decree and confirms the report of the commissioners, shall render a special judgment against each tract or parcel of private property assessed in said report for benefits, to the amount assessed against each tract and parcel, which judgment shall be a special judgment and bind the property and the interests of the defendant therein. If said judgment is not paid within ten days thereafter, then there shall be issued from said court in favor of the city a special execution against each tract or parcel separately, and the same shall be sold in the same manner as is now provided by law for sales of real estate under execution. Said judgment shall bear fifteen percent interest from ten days from the rendition thereof; and the cost of such execution and proceedings thereunder shall be taxed against the defendants.
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(RSMo 1939 § 7374)
Prior revisions: 1929 § 7223; 1919 § 8677; 1909 § 9554
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 88 - Public Works and Special Assessments — Condemnation › Section 88.087 - Street grading — report of commissioners, contents.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 88
Effective - 28 Aug 1939
88.087. Street grading — report of commissioners, contents. —
The report of the commissioners to the circuit court shall be in writing and under oath, and filed by the clerk thereof, and the damages allowed to and the benefits assessed against each lot of ground, and the owner or owners thereof, shall be separately stated.
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(RSMo 1939 § 7375)
Prior revisions: 1929 § 7224; 1919 § 8678; 1909 § 9555
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 88 - Public Works and Special Assessments — Condemnation › Section 88.090 - Street grading — review of commissioners' report.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 88
Effective - 28 Aug 1939
88.090. Street grading — review of commissioners' report. —
The report of the commissioners may be reviewed by the circuit court on written exceptions, filed by any party in the clerk's office within ten days after the filing of such report, and the court shall make such order therein as right and justice may require, and may order a new appraisement on good cause shown, but the hearing of such exceptions shall be summary, and the court shall fix a day therefor without delay. And any party shall be entitled to have the damages assessed by a trial by jury as at common law, upon claiming the right in the exceptions to the report of the commissioners.
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(RSMo 1939 § 7376)
Prior revisions: 1929 § 7225; 1919 § 8679; 1909 § 9556
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 88 - Public Works and Special Assessments — Condemnation › Section 88.093 - Street grading — cost of proceedings.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 88
Effective - 28 Aug 1939
88.093. Street grading — cost of proceedings. —
The costs of the proceedings, up to and including the filing of the report of the commissioners in cases where damages are allowed by the report, shall be paid by the city, and all costs caused by any subsequent litigation shall be paid by the losing party, and in cases where the report disallows all claims for damages, the costs shall be paid by the losing party.
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(RSMo 1939 § 7377)
Prior revisions: 1929 § 7226; 1919 § 8680; 1909 § 9557
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 88 - Public Works and Special Assessments — Condemnation › Section 88.097 - Street grading — payment of damages.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 88
Effective - 28 Aug 1939
88.097. Street grading — payment of damages. —
All the damages allowed shall, within six months from any final decree terminating the litigation, from which no appeal or writ of error is prosecuted, be paid out of the city treasury to the parties entitled thereto, and if the ownership of the property to which such damages are allowed is in controversy, the amount of the damages allowed said property shall, within the time aforesaid, be paid into the circuit court for the use of the successful claimant of the property.
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(RSMo 1939 § 7378)
Prior revisions: 1929 § 7227; 1919 § 8681; 1909 § 9558
(1959) In action to assess damages and benefits for changing the grade of the street, the owner of the abutting land at the time the grade was actually changed, rather than subsequent owners, was entitled to the damages assessed, although judgment for such damages was rendered later. City of St. Louis v. Moehlenhoff (A.), 322 S.W.2d 155.
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 88 - Public Works and Special Assessments — Condemnation › Section 88.100 - Public improvement — assessment against railroad real property.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 88
Effective - 28 Aug 1939
88.100. Public improvement — assessment against railroad real property. —
All real property, including rights-of-way, yards and depot grounds, situated within the corporate limits of any incorporated city, town or village in this state, of any railroad company which now owns or operates, or which may hereafter own or operate, any railroad or part of a railroad within the corporate limits of any such city, town or village, shall be subject to special assessments for public improvements made by any such city, town or village, in the same manner and to the same extent in all respects as the real property of any other person or corporation therein. And all laws which now or which may hereafter be in force for the making, enforcement and collection of such special assessments against the real property of other persons and corporations in such city, town or village, shall apply to and govern the making, collection and enforcement of such special assessments against such real property of any such railroad company in the same manner and to the same extent as to such special assessments against the real property of other persons and corporations therein.
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(RSMo 1939 § 7367)
Prior revisions: 1929 § 7216; 1919 § 8655; 1909 § 9543
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 88 - Public Works and Special Assessments — Condemnation › Section 88.103 - Tax bill as lien against property, how released.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 88
• Effective - 28 Aug 1939
88.103. Tax bill as lien against property, how released. —
In all cities of Missouri that are authorized to issue special tax bills against real estate therein for public improvements of any kind, and which special tax bills are required by law to be recorded, and are made by law a lien on the real estate described in such tax bill, such lien may be released upon presentation of such tax bill to the city clerk, or other officer in charge of the records of special tax bills, and the city clerk or other officer shall note on such special tax bill that the same is cancelled and has been released on the record, stating the date of such release, and attest the release in his official capacity; and such clerk or other officer shall note on the record of such tax bill that the original tax bill has been presented to him, and by him cancelled, and affix thereto the date of such release, and attest the same; releases made under the provisions of this section shall be a release of the lien of such tax bill for all purposes. If any such tax bill has been paid and cannot be presented for cancellation for the reason that the same has been lost or destroyed, an affidavit by the payee thereof as to said loss, and stating that same has been paid, may be presented in same manner and to same effect as the original tax bill, and the cancellation shown on the record and attested as above provided. If the tax bill has been assigned or transferred, the affidavit as to such loss may be made by the assignee thereof, and in all cases where such affidavit is made, the affiant shall state that he was the owner of said tax bill at the time of its loss, and that the same is not in the possession of any person having a lawful claim to the same. If the tax bill has been lost or destroyed after being paid and surrendered to the owner of the property described therein, or some other proper person, then the clerk or other proper officer may enter a cancellation of the record of such tax bill upon the presentation to him of the affidavits above mentioned. All affidavits used for the purpose herein indicated shall be attached to the record of the tax bill affected by it. Such affidavits may apply to more than one such tax bill and reference thereto properly shown by the clerk or other officer who enters such release. The clerk, or other officer who enters such release, shall be entitled to collect twenty-five cents for each tax bill released.
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(RSMo 1939 § 7385)
Prior revision: 1929 § 7234
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 88 - Public Works and Special Assessments — Condemnation › Section 88.107 - Assessment adjudged invalid — reassessment.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 88
• Effective - 28 Aug 1957
88.107. Assessment adjudged invalid — reassessment. —
If a city of this state has caused to be constructed or reconstructed any sewer, boulevard, street, alley, sidewalk or other local improvement, and to pay the cost of the improvement has levied a special assessment against private property and issued special tax bills pursuant thereto, and the assessment or any part thereof, or the special tax bills, or any thereof are adjudged invalid and unenforceable either in whole or in part by the final judgment of any appellate court of competent jurisdiction for any reason other than the failure of the contractor who has done the work to fully comply with his contract, the city may, by ordinance, make a new assessment or reassessment upon all land benefitted by the improvement, and in so doing may, if necessary, create a new assessment district and define its boundaries.
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(RSMo 1939 § 7379, A.L. 1945 p. 1305, A.L. 1957 p. 240)
Prior revisions: 1929 § 7228; 1919 § 8661
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 88 - Public Works and Special Assessments — Condemnation › Section 88.110 - Proposed reassessment — hearing of objections.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 88
• Effective - 28 Aug 1939
88.110. Proposed reassessment — hearing of objections. —
Before any ordinance making provision for such reassessment, or the creation of such assessment district, shall be put upon its passage, the board of aldermen, or other local legislative body before which it is pending, shall appoint a day upon which it will hear and consider any and all objections to such ordinance and shall give public notice of the time and place and matter thus to be considered, which said notice shall be addressed to all persons interested; shall set forth in full the pending ordinance; shall state that at the appointed time and place all landowners within the assessment district defined by said ordinance, and all other persons interested, may appear before said legislative body and be heard upon all matters pertinent to said ordinance; and shall be published once a week for two weeks, the last publication to be at least one week before such day of hearing, in some newspaper of general circulation published in the city wherein said ordinance is pending, or if there be no newspaper published in said city, then in the county wherein said city is situated. After said hearing has been had, said ordinance may be passed, rejected or amended as justice may require.
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(RSMo 1939 § 7380)
Prior revisions: 1929 § 7229; 1919 § 8662
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 88 - Public Works and Special Assessments — Condemnation › Section 88.113 - Proposed reassessment — contents of ordinance.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 88
• Effective - 28 Aug 1939
88.113. Proposed reassessment — contents of ordinance. —
Such ordinance shall set forth the total amount of such new assessment and shall provide in what manner it shall be apportioned among the various lots and parcels of land included within the assessment district in said ordinance defined, giving due credit to each and every lot and parcel of land entitled thereto for all payments on the previous assessment for the improvement in question that shall appear from the city records to have been made on account of such lot or parcel, and for any part of such previous assessment, which, though unpaid, is a valid lien against such lot or parcel.
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(RSMo 1939 § 7381)
Prior revisions: 1929 § 7230; 1919 § 8663
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 88 - Public Works and Special Assessments — Condemnation › Section 88.117 - New assessment not to exceed old.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 88
• Effective - 28 Aug 1939
88.117. New assessment not to exceed old. —
The total amount of such new assessment shall be in such sum as is equitable under all circumstances. It shall in no case exceed that part of the previous assessment that is invalid and is unpaid at the time the ordinance levying the new assessment is introduced, and where, because of lack of competitive bidding, or other cause, the value of the improvement, when made, was less than the contract price thereof, then the new assessment shall not exceed the fair value of the improvement at said time less all payments made on the original assessment and the amount of such part of the original assessment as is valid. And no lot or parcel of land shall be assessed by said ordinance in a greater amount than the difference between the amount of the benefits it shall have received from the improvement and the credits to which it is entitled under section 88.113; provided, however, that if, through error or misconstruction, the amount of the new assessment should, in any case, be excessive under this provision, because of the failure to give a proper credit or credits under section 88.113, the new assessment shall not thereby be avoided, but any person owning or pecuniarily interested in any property which shall not have received due credit under the aforesaid provisions shall be entitled to a proper reduction in amount, in any proceeding brought to enforce such assessment or tax bill, or in appropriate proceedings instituted for the purpose by him or them in the circuit court of the county or city where the property is situated.
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(RSMo 1939 § 7382)
Prior revisions: 1929 § 7231; 1919 § 8664
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 88 - Public Works and Special Assessments — Condemnation › Section 88.120 - Ordinance — conclusive.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 88
• Effective - 28 Aug 1939
88.120. Ordinance — conclusive. —
The final passage of any ordinance under the provisions of sections 88.107 to 88.127 shall be deemed a conclusive determination that the amount of the assessment therein made is in conformity with section 88.117 and that each lot or parcel of land within the assessment district by such ordinance defined has been benefitted by the improvement in question in an amount at least equal to the assessment charged against it by such ordinance, plus all credits to which it is entitled under section 88.113.
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(RSMo 1939 § 7383)
Prior revisions: 1929 § 7232; 1919 § 8665
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 88 - Public Works and Special Assessments — Condemnation › Section 88.123 - New tax bills issued.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 88
• Effective - 28 Aug 1939
88.123. New tax bills issued. —
As soon as may be after such ordinance has come into effect, special tax bills, in favor of the record holder of the original defective bills, against the various lots, tracts and parcels of land included within the assessment district in said ordinance defined, shall be issued pursuant thereto by the proper officers, and all other appropriate steps to effectuate said ordinance shall be taken in the same manner and with like force and effect as in the case of original assessments; and such new tax bills shall have the same attributes as have tax bills issued pursuant to original assessments for like improvements.
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(RSMo 1939 § 7384)
Prior revisions: 1929 § 7233; 1919 § 8666
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 88 - Public Works and Special Assessments — Condemnation › Section 88.127 - Construction of law — limit on frequency of assessment.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 88
• Effective - 28 Aug 1957
88.127. Construction of law — limit on frequency of assessment. —
Sections 88.107 to 88.127 shall be liberally construed so as to prevent private property that has been in good faith benefitted by local public improvements from escaping payment of its just share of the value thereof; and shall apply to all cases wherein original assessments for local improvements are made. No reassessment shall be made under sections 88.107 to 88.127 unless the ordinance authorizing it is passed and becomes effective within two years after the previous assessment has been declared to be invalid, in whole or in part. Parts of previous assessments which are not invalid under the ruling of some appellate court of competent jurisdiction are not in any way affected by sections 88.107 to 88.127.
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(RSMo 1939 § 7386, A.L. 1957 p. 240)
Prior revisions: 1929 § 7235; 1919 § 8667
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 88 - Public Works and Special Assessments — Condemnation › Section 88.130 - Expiration of time limit.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 88
Effective - 28 Aug 1919
88.130. Expiration of time limit. —
Whenever in any proceeding instituted by any city in this state for the purchasing, taking or damaging of property for public purposes, provision is made in the judgment in said proceeding for the payment in annual installments of assessments of benefits against property for the purchasing, taking or damaging of property for public purposes, the time within which execution may be issued on the judgment assessing any such benefits shall not expire until two years after the date upon which the last installment shall be due, and default in the payment of any prior installment shall not shorten the time within which such execution may be issued.
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(L. 1919 p. 221 § 1)
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 88 - Public Works and Special Assessments — Condemnation › Section 88.497 - Condemnation of private property.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 88
• Effective - 28 Aug 1939
88.497. Condemnation of private property. —
Private property may be taken by the cities of the third class for public use for the purpose of establishing, opening, widening, extending or altering any street, avenue, alley, wharf, creek, river, watercourse, market place, public park or public square, and for establishing market houses, and for any other necessary public purposes.
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(RSMo 1939 § 6998)
Prior revisions: 1929 § 6852; 1919 § 8334; 1909 § 9261
(1998) A municipality's general statutory authority to condemn private property is not sufficient to condemn property devoted to prior public use for another public use which will destroy, impair or interfere with such prior use. Smithville v. St. Luke's Northland Hospital, 972 S.W.2d 416 (W.D.Mo.).
(2014) Section authorizing third-class city authority to condemn private property for public use does not confer authority to condemn for blight; section was enacted prior to state constitutional provision allowing the General Assembly to permit non-charter cities to utilize eminent domain to eliminate blighted areas. City of North Kansas City v. K.C. Beaton Holding Co., LLC, 417 S.W.3d 825 (Mo.App.W.D.).
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 88 - Public Works and Special Assessments — Condemnation › Section 88.500 - City tax bills.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 88
• Effective - 28 Aug 1939
88.500. City tax bills. —
The city may issue tax bills or certificates transferring to the holder benefits, or parts thereof, as may be provided by ordinance, and sell the same for not less than par, the proceeds being applied only to the use for which such benefits were levied, and in such case said city shall only be liable to the holder thereof for the proper application of funds collected by it.
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(RSMo 1939 § 7011)
Prior revisions: 1929 § 6865; 1919 § 8347; 1909 § 9274
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 88 - Public Works and Special Assessments — Condemnation › Section 88.503 - Appropriation of private property — records of ordinances and proceedings.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 88
• Effective - 28 Aug 1949
88.503. Appropriation of private property — records of ordinances and proceedings. —
As soon as practicable after the confirmation of any verdict rendered under sections 88.010 to 88.070 by the council of any third class city in the proceedings for the condemnation of private property, the city clerk shall file a full record, in a book provided for that purpose, of such proceedings, which record shall contain correct copies of all ordinances constituting part of the proceedings, the notices to the parties to the proceedings, and returns thereon; all notices published and the proofs thereof, all orders by the mayor, the names of the jurors and when impaneled, and the verdict of the jury, and such other documents and matters as the ordinances of the city may require. The mayor shall examine such final record of such proceedings, and if it be correct, sign the same; and thereafter such record, or copy thereof, certified by the city clerk, under his hand and the seal of the city, shall be competent evidence in all courts of this state of facts stated therein. The original papers shall be carefully preserved by the city clerk.
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(RSMo 1939 § 7012, A. 1949 H.B. 2036)
Prior revisions: 1929 § 6866; 1919 § 8348; 1909 § 9275
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 88 - Public Works and Special Assessments — Condemnation › Section 88.510 - Assessment of public property — street improvements, how paid — special tax bills.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 88
• Effective - 28 Aug 1939
88.510. Assessment of public property — street improvements, how paid — special tax bills. —
1. All lands owned by any county or other political or municipal subdivisions, cemeteries and railroad rights-of-way, fronting or abutting on any of said improvements shall be liable for their proportionate part of the cost of such improvement, and tax bills shall be issued against such property as against other property, and any county, city or other political or municipal subdivision that shall own any such property shall out of the general revenue funds or other funds pay any such tax bill, and in any case where any county, city or other political or municipal subdivision, cemetery company or owners or railroad company, shall fail to pay any such tax bill, the owner or holder of same may sue such county, city or other political or municipal subdivision, cemetery company or owners or railroad company on such tax bill, and be entitled to recover a general judgment against such county, city or other political or municipal subdivision, cemetery company or owners or railroad company.
2. Any of said street improvements may be paid for in whole or part by such city out of general revenue funds, or other funds which the city may have for such purposes if the council so desires, but all such improvements shall be paid for with special tax bills, unless the proceedings of the city for same specify that payment will be out of the general revenue funds or other funds in whole or part.
3. The charges made against lands for all of said improvements shall be known as special assessments or taxes, for improvements, and shall be charged and assessed by issuing special tax bills against the lands chargeable with the cost of the improvements; each special tax bill so issued shall be a special lien on the land against which it is issued.
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(RSMo 1939 § 6987)
Prior revisions: 1929 § 6841; 1919 § 8323; 1909 § 9254, 9255
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 88 - Public Works and Special Assessments — Condemnation › Section 88.523 - Certain street improvements — protest, how heard and determined.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 88
• Effective - 28 Aug 1939
88.523. Certain street improvements — protest, how heard and determined. —
When the council of any city of the third class shall deem it necessary to pave, macadamize, gutter, curb, grade or otherwise improve the roadway of any street or avenue for a distance not more than twelve hundred feet in length so as to connect at both ends with paving, macadamizing, guttering, curbing, grading or other improvement either on the same street or avenue or on other streets or avenues, or on the same street or avenue and another street or avenue, the council shall declare such work to be necessary to be done and shall cause the same proceedings to be had as are provided in section 88.520, except that no protest may be filed. The resolution passed and published shall state the fact that anyone desiring to do so may appear before the council at a time stated therein and be heard on the question of the necessity of the work sought to be done, and if anyone does so appear he shall be heard, and the council shall by resolution state the result of such hearing to be a reaffirmance of the necessity for the doing of such work or the contrary, as the council may then decide. If no one appears, or if the council reaffirms the necessity of the doing of such work and improvement, then it shall proceed with such work and improvement in the manner provided in sections 88.497 to 88.647 for such work and improvement when no sufficient protest against such improvement is filed within the time limited therefor.
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(RSMo 1939 § 6989)
Prior revisions: 1929 § 6843; 1919 § 8325
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 88 - Public Works and Special Assessments — Condemnation › Section 88.530 - Improvements, costs — limitations — payment.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 88
• Effective - 28 Aug 1939
88.530. Improvements, costs — limitations — payment. —
1. The council shall have power to limit the cost to be assessed as a special tax against the abutting property for street improvement as provided in section 88.520. If the council shall, in the resolution provided for by said section, declare that the cost of the proposed work, not to exceed an amount per front foot to be stated in the resolution, shall be charged to the abutting property and limited to such amount, and the balance, if any, shall be charged to the city, then any cost in excess of such stated amount shall be borne by the general revenue, and only that part of the cost limited to such stated amount per front foot shall be charged against the abutting property.
2. In proceeding under this section the council may let the work to contract as provided in sections 88.497 to 88.647, or have the same done by its street commissioner under such supervision as it may direct by ordinance. In either case, the whole cost shall be paid out of the general revenue, and special tax bills shall then be assessed by ordinance against the abutting property for its part of the cost when the work is completed, and special tax bills issued therefor, made payable to the city, signed by the mayor and attested by the city clerk with the seal of the city affixed. Said special tax bills, when due and after demand of payment, may be sued upon for nonpayment whenever the council shall so order. Said tax bills shall be delivered and charged by the city clerk to the city collector for collection, and the collector shall be entitled to two and a half percent upon the amount of such collections made by him for his service in collecting the same.
3. All of the provisions of sections 88.507 to 88.523, relating to the assessment, issue, rate of interest, lien, abstracting, collection, releasing and cancellation of special tax bills for improvements mentioned in said section 88.520, so far as applicable and not inconsistent with the provisions of this section, shall apply to tax bills issued in pursuance of this section.
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(RSMo 1939 § 6994)
Prior revisions: 1929 § 6848; 1919 § 8330; 1909 § 9257
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 88 - Public Works and Special Assessments — Condemnation › Section 88.533 - Condemnation of sidewalks.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 88
• Effective - 28 Aug 1939
88.533. Condemnation of sidewalks. —
In addition to the powers herein granted, the city council may, by ordinance or resolution, condemn wooden and defective sidewalks, and may remove walks so condemned, and may provide for the construction of new sidewalks in the place of walks so condemned and removed.
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(RSMo 1939 § 6996)
Prior revisions: 1929 § 6850; 1919 § 8332; 1909 § 9259
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 88 - Public Works and Special Assessments — Condemnation › Section 88.613 - Lighting of streets.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 88
• Effective - 28 Aug 1989
88.613. Lighting of streets. —
1. The council may provide for and regulate the lighting of streets and the erection of lamp posts, poles and lights therefor, and may make contracts with any person, association or corporation for the lighting of the streets and other public places of the city with gas, electricity or otherwise. Any initial contract must be ratified by a majority of the voters of the city voting on the question. Any renewal contracts entered into under the provisions of this section shall be subject to voter approval of the majority of the voters voting on the question, pursuant to the provisions of section 88.251.
2. The council may also erect, maintain and operate gas works, electric light works or light works of any other kind or name, and may erect lamp posts, electric light poles, or any other apparatus or appliances necessary to light the streets, avenues, alleys or other public places, and may supply private lights for the use of the inhabitants of the city and its suburbs, and may regulate the same, and may prescribe and regulate the rates to be paid by the consumers thereof, and may acquire, by purchase, donation or condemnation, suitable ground within or without the city upon which to erect such works, and the right-of-way to and from said works, and also the right-of-way for laying gas pipes, electric wires under or above ground, and erecting posts and poles and such other apparatus and appliances as may be necessary for the efficient operation of such works, except that the council may in its discretion grant the right to any person or persons or corporation to erect such works and lay the pipe, wires and erect the posts, poles and other necessary apparatus and appliances therefor, upon such terms as may be prescribed by ordinance and that such right to any such person, persons or corporation shall not extend for a longer period than twenty years, except that such right may be renewed for another period or periods not to exceed twenty years per period. Every initial grant for such services shall be approved by a majority of the voters of the municipality voting on the question. Every renewal or extension shall be subject to voter approval of the majority of the voters voting on the question, pursuant to the provisions of section 88.251. Nothing herein contained shall be construed as to prevent the council from contracting with any person, association or corporation for furnishing the city with gas or electric lights in cities where franchises have already been granted, and where gas or electric lights plants already exist, without a vote of the people.
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(RSMo 1939 § 6961, A. 1949 H.B. 2036, A.L. 1978 H.B. 971, A.L. 1986 H.B. 1471, et al., A.L. 1987 S.B. 412, A.L. 1989 H.B. 451)
Prior revisions: 1929 § 6815; 1919 § 8302; 1909 § 9238
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 88 - Public Works and Special Assessments — Condemnation › Section 88.617 - White way system defined.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 88
• Effective - 28 Aug 1939
88.617. White way system defined. —
The term
"white way system"
as used in sections 88.617 to 88.633 means the systematic arrangement of ornamental light posts, street arches, frosted and colored lights and globes and other illuminating equipment, conduits and all necessary apparatus therefor in a prescribed district.
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(RSMo 1939 § 6962)
Prior revision: 1929 § 6816