reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 523 - Condemnation Proceedings › Section 523.045 - Interest on awards payable when — enforcement.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 523
• Effective - 28 Aug 1959
523.045. Interest on awards payable when — enforcement. —
If, within thirty days after the filing of any condemnation commissioners' report under the provisions of section 523.040, the condemnor shall have neither paid the amount of the commissioners' award to the persons named in the petition as owning or claiming any property or rights or to the clerk of the court for such named persons nor timely filed its written election to abandon the proposed appropriation of said property or rights, then interest on the amount of any subsequent verdict for said named persons, or if there be no such verdict, then on the amount of the award, at the rate of six percent per annum from the date of filing the report shall be added to said verdict or award and paid to said named person or to the clerk for them. If, within thirty days after the filing of any such commissioners' report the condemnor shall have paid the amount of any commissioners' award to the persons named in the petition as owning or claiming any property or rights or to the clerk of the court for them and the amount of such award shall be superseded by a subsequent verdict or amount larger than the award paid, then interest on the amount by which such verdict exceeds the award, at the rate of six percent per annum from the date of filing the report, shall be added to the amount of the verdict; but if the amount of the award shall be superseded by a subsequent verdict or amount smaller than the award paid, then judgment shall be entered against said persons named to repay to condemnor the amount by which the award paid exceeds the amount of the verdict, with six percent interest on such excess payment from the date of the payment of the award. If, within thirty days after the filing of any such commissioners' report, the condemnor shall have neither paid the amount of the award to said persons or to the clerk for them nor filed its written election to abandon the appropriation, but shall thereafter timely file such written election to abandon, then the court may, upon motion filed by said persons within ten days after the filing of said election, assess against the condemnor six percent interest on the amount of the award from the date of the filing of the commissioners' report to the date of the filing of such election, enter judgment thereon and enforce payment thereof by execution or other appropriate proceeding.
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(L. 1959 S.B. 248)
(1974) Award of interest on amount of commissioners' award where condemnation was abandoned held proper. Constitutionality of section upheld. Missouri State Park Board v. McDaniel (Mo.), 513 S.W.2d 447.
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 523 - Condemnation Proceedings › Section 523.050 - Commissioners' report — notice of filing — review.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 523
• Effective - 28 Aug 2005, 2 histories
523.050. Commissioners' report — notice of filing — review. —
1. Upon the filing of such report of the commissioners, the clerk of the court in which the same is filed shall duly notify the party whose property is affected of the filing; and the report of the commissioners may be reviewed by the court in which the proceedings are had, on written exceptions, filed by either party in the clerk's office, within thirty days after the service of such notice; and the court shall make such order as right and justice may require, and may order a new appraisement, upon good cause shown.
2. Such new appraisement shall, at the request of either party, be made by a jury, under the supervision of the court, as in ordinary cases of inquiry of damages; but notwithstanding such exceptions, such company may proceed to erect such telephone or telegraph line, or construct such road or railroad; and any subsequent proceedings shall only affect the amount of compensation to be allowed. In all cases arising under the provisions of this chapter, the report of commissioners, when signed by a majority of them, shall be taken and considered as the report of all.
3. If after ninety days after the award is paid into court no agreement has been filed and no party having an interest in the award has filed a distribution motion, the court shall determine the percentage of the award to which each party having an interest in it is entitled.
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(RSMo 1939 § 1508, A.L. 2003 H.B. 668, A.L. 2005 H.B. 567)
Prior revisions: 1929 § 1344; 1919 § 1795; 1909 § 2364
(1973) Held in condemnation proceeding that state highway comm. as condemnor is not obligated to present evidence from all appraisers which it may have employed nor is it obligated to call all such appraisers as witnesses at a trial in which damages are the issue. State ex rel. State Highway Comm. v. Texaco, Inc. (Mo.), 502 S.W.2d 284.
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 523 - Condemnation Proceedings › Section 523.053 - Distribution of condemnation awards among defendants.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 523
• Effective - 28 Aug 1965
523.053. Distribution of condemnation awards among defendants. —
1. Within thirty days after the commissioners' award has been paid to the clerk of the court, where there is more than one defendant, those defendants claiming a determinable interest in the proceeds of said award may file with the court an agreement setting out the manner and the percentages in which said award is to be divided among them. If no such agreement is filed during said thirty-day period, any defendant claiming such an interest may by motion for distribution petition the court in which said cause is pending for a determination of the percentage of the commissioners' award to which each of said parties is entitled; provided, that the plaintiff in said condemnation action may have the right to intervene as an interested party in said proceeding, whether it be by the filing of an agreement among the defendants or by the filing of a motion for distribution of the award, and shall be entitled to prior notice of the filing of said agreement or notice of the filing of the motion for said determination and distribution.
2. Within thirty days after the filing of such motion, the court having jurisdiction of said cause shall determine the percentage of the award to which each party having an interest therein is entitled. Any party aggrieved of the determination of interests made by the court shall have the right of appeal therefrom, and the same shall be considered as a final judgment for such purposes.
3. The respective interests of all parties in the award made as a result of the condemnation action, whether determined by said agreement or by the court, shall be final and shall extend by percentage to any additional compensation awarded or any reduction of the award thereafter made, together with interest, on the trial of exceptions, and said interests established shall be binding on all parties, plaintiff and defendant; provided, that when the determinable interest of any defendant is not related to the difference in the value of the property before and after the taking by condemnation, such share set out in the agreement or the court's finding thereof shall not be affected by any increase or reduction so long as the final award is not less than such interest.
4. Any evidence relating to the terms of said determination of interest shall not be admissible as evidence before the jury on the trial of said exceptions.
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(L. 1965 p. 660)
2023 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.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 523
• 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.
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(L. 1959 S.B. 133 § 1, A.L. 2006 H.B. 1944)
2023 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.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 523
• 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.
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(L. 1945 p. 1072 § 1, A.L. 2006 H.B. 1944)
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 523 - Condemnation Proceedings › Section 523.061 - Determination of homestead taking and heritage value.

There are multiple enactments of 523.061
Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 523
• Effective - 28 Aug 2022, 2 histories
*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 and the circuit judge presiding over the condemnation proceeding has determined that a homestead taking has occurred or heritage value is payable, the circuit judge presiding over the condemnation proceeding shall apply the provisions of section 523.039 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. Notwithstanding any other provision of law in sections 523.001 to 523.286 to the contrary, a circuit judge who determines that heritage value is payable as provided in this section shall not increase the commissioners' award or jury verdict to provide for the additional compensation due where heritage value applies if the plaintiff is a city, town, or village that is incorporated in accordance with the laws of this state and the plaintiff moves for exclusion of the heritage value and shows after an evidentiary hearing by a preponderance of the evidence that the property taken has been:
(1) Abandoned;
(2) Declared a nuisance and been ordered to be vacated;
(3) Demolished or repaired after notice and hearing; or
(4) Materially and negatively contributed to a blighted area as that term is defined in section 99.805.
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(L. 2006 H.B. 1944, A.L. 2022 H.B. 1606)
*Revisor's Note: This section was declared unconstitutional in Byrd, et al. v. State of Missouri, et al. (see 2023 annotation below).
(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).
(2023) The inclusion of Section 67.2300 in H.B. 1606 from 2022 declared unconstitutional as violating the single subject rule of Article III, § 23 of the Missouri Constitution. The remaining provisions of H.B. 1606 could not be severed and the bill is declared invalid in its entirety. Byrd, et al. v. State of Missouri, et al., Case No. SC100045 (Mo.banc, Dec. 19, 2023).
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 523 - Condemnation Proceedings › Section 523.061 - Determination of homestead taking and heritage value.

There are multiple enactments of 523.061
Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 523
• Effective - 28 Aug 2006, 2 histories
*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.
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(L. 2006 H.B. 1944)
*Revisor's Note: This section is reprinted in accordance with section 3.066. H.B. 1606, 2022, was declared unconstitutional (see 2023 annotation below), rendering the repeal and reenactment of this section ineffective.
(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).
(2023) The inclusion of Section 67.2300 in H.B. 1606 from 2022 declared unconstitutional as violating the single subject rule of Article III, § 23 of the Missouri Constitution. The remaining provisions of H.B. 1606 could not be severed and the bill is declared invalid in its entirety. Byrd, et al. v. State of Missouri, et al., Case No. SC100045 (Mo.banc, Dec. 19, 2023).
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 523 - Condemnation Proceedings › Section 523.070 - Costs, by whom paid.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 523
• 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.
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(RSMo 1939 § 1509)
Prior revisions: 1929 § 1345; 1919 § 1796; 1909 § 2365
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 523 - Condemnation Proceedings › Section 523.080 - Shall not enter or appropriate dwelling house.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 523
• 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.
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(RSMo 1939 § 1510)
Prior revisions: 1929 § 1346; 1919 § 1797; 1909 § 2366
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 523 - Condemnation Proceedings › Section 523.090 - Who may have damages ascertained — proceedings.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 523
• 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.
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(RSMo 1939 § 1511)
Prior revisions: 1929 § 1347; 1919 § 1798; 1909 § 2367
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 523 - Condemnation Proceedings › Section 523.100 - Appropriation of lands of corporations by other corporations.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 523
• 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.
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(RSMo 1939 § 1512)
Prior revisions: 1929 § 1348; 1919 § 1799; 1909 § 2368
CROSS REFERENCE:
Corporations subject to eminent domain, Const. Art. XI § 4
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 523 - Condemnation Proceedings › Section 523.200 - Definitions.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 523
• 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.
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(L. 1971 H.B. 94 § 1, A.L. 1991 H.B. 502, A.L. 2006 H.B. 1944)
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 523 - Condemnation Proceedings › Section 523.210 - Agencies authorized to establish rules and regulations.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 523
• 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.
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(L. 1971 H.B. 94 § 3)
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 523 - Condemnation Proceedings › Section 523.215 - Not to affect other condemnation compensation.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 523
• 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.
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(L. 1971 H.B. 94 § 4)
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 523 - Condemnation Proceedings › Section 523.250 - Notice of intended acquisition — mailing requirements.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 523
• 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.
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(L. 2006 H.B. 1944)
2023 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.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 523
• 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.
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(L. 2006 H.B. 1944)
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 523 - Condemnation Proceedings › Section 523.256 - Good faith negotiation required, findings, remedies.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 523
• Effective - 28 Aug 2022, 2 histories
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) For condemnation of any agricultural or horticultural property for the construction of an electrical transmission line designed to transmit electricity at three hundred forty-five kilovolts or greater, but not for condemnation of such property by an electrical corporation operating under a cooperative business plan as described in section 393.110, for the purposes of constructing an electric plant subject to a certificate of convenience and necessity under subsection 1 of section 393.170, the total compensation package offered was no lower than the amount reflected in an appraisal performed by a state-licensed or state-certified appraiser for the condemning authority multiplied by one hundred fifty percent. The provisions of this subdivision shall not apply to applications filed pursuant to section 393.170 prior to August 28, 2022;
(4) 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
(5) 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.
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(L. 2006 H.B. 1944, A.L. 2022 H.B. 2005 merged with S.B. 820)
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 523 - Condemnation Proceedings › Section 523.259 - Abandonment of condemnation, remedies — applicability.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 523
• 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.
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(L. 2006 H.B. 1944)
2023 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.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 523
• 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.
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(L. 2006 H.B. 1944)
2023 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.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 523
• 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.
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(L. 2006 H.B. 1944)
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 523 - Condemnation Proceedings › Section 523.265 - Alternative locations for condemnation, procedure.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 523
• 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.
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(L. 2006 H.B. 1944)
2023 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.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 523
• 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.
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(L. 2006 H.B. 1944)
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 523 - Condemnation Proceedings › Section 523.274 - Consideration of each parcel of property — time limit on commencement of eminent domain acquisitions.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 523
• Effective - 28 Aug 2006
523.274. Consideration of each parcel of property — time limit on commencement of eminent domain acquisitions. —
1. Where eminent domain authority is based upon a determination that a defined area is blighted, the condemning authority shall individually consider each parcel of property in the defined area with regard to whether the property meets the relevant statutory definition of blight. If the condemning authority finds a preponderance of the defined redevelopment area is blighted, it may proceed with condemnation of any parcels in such area.
2. No action to acquire property by eminent domain within a redevelopment area shall be commenced later than five years from the date of the legislative determination, by ordinance, or otherwise, that the property is blighted, substandard, contains unsanitary conditions, or is eligible for classification within a conservation area as defined in section 99.805. However, such determination may be renewed for successive five-year periods by the legislative body.
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(L. 2006 H.B. 1944)
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 523 - Condemnation Proceedings › Section 523.277 - Office of ombudsman for property rights.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 523
• Effective - 28 Aug 2006
523.277. Office of ombudsman for property rights. —
The office of public counsel shall create an office of ombudsman for property rights by appointing a person to the position of ombudsman. The ombudsman shall assist citizens by providing guidance, which shall not constitute legal advice, to individuals seeking information regarding the condemnation process and procedures. The ombudsman shall document the use of eminent domain within the state and any issues associated with its use and shall submit a report to the general assembly on January 1, 2008, and on such date each year thereafter.
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(L. 2006 H.B. 1944)
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 523 - Condemnation Proceedings › Section 523.282 - Blanket easements void, when — definitions.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 523
• Effective - 28 Aug 2006
523.282. Blanket easements void, when — definitions. —
1. Any blanket easement created after December 31, 2006, shall be void as against public policy and wholly unenforceable. For the purposes of this section, the term
"blanket easement"
shall mean an easement in real property acquired by condemnation or negotiations in lieu of the exercise thereof where the instrument or order of condemnation, by its terms, allows the easement holder to locate its facilities at an undefined location on, over, under, or across the burdened property.
2. Notwithstanding the provisions of subsection 1 of this section to the contrary, the term "blanket easement" shall not apply to any instrument containing language that upon completion of the initial structure explicitly fixes the burden, scope of use, and footprint within the express terms of the instrument and also contains an express statement that the location of the burden shall be fixed to the degree occupied by the initial structure upon completion of such structure. Nothing in this section shall prohibit the expansion or upgrade of the initially completed structure provided that the purpose or purposes and footprint of said expansion or upgrade were explicitly described in the original terms of the instrument.
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(L. 2006 H.B. 1944)
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 523 - Condemnation Proceedings › Section 523.283 - Easement or right-of-way by certain entities fixed by use — definition — commissioners appointed by court — attorneys' fees and costs for prevailing property owners.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 523
• Effective - 28 Aug 2006
523.283. Easement or right-of-way by certain entities fixed by use — definition — commissioners appointed by court — attorneys' fees and costs for prevailing property owners. —
1. Easements or right-of-way interests acquired after August 28, 2006, by a private utility company, public utility, rural electric cooperative, municipally owned utility, pipeline, or railroad, by either formal condemnation proceedings or by negotiations in lieu of condemnation proceedings, are fixed and determined by the particular use for which the property was acquired as described in either the instrument of conveyance or in the condemnation petition. Expanded use of the property beyond that which is described in the instrument of conveyance or the condemnation petition shall require either an additional condemnation proceeding in order to acquire the additional rights or by new negotiations for the expanded use of the property and appropriate consideration and damages to the current owner of the property for the expanded use.
2. For purposes of this section, the term
"expanded use"
shall mean:
(1) The exclusion of use by the current owner of the burdened property from an area greater than the area originally described at the time of acquisition by the condemning authority; or
(2) An increased footprint or burden greater than the footprint or burden originally described in the instrument of conveyance or condemnation petition. As used in this subdivision, the term
"increased footprint or burden"
shall mean a different type of use or a use presenting an unreasonably burdensome impact on the property, the landowner, or the activities being conducted on the property by the landowner.
3. Commissioners appointed by the court under section 523.040 and, where applicable, a jury on a trial of exceptions from the commissioners' award shall be entitled to assume, in assessing the just compensation due for a taking, that the condemning authority shall exercise, from and after the date the property interest is acquired, each and every right acquired to the fullest extent allowed by the condemnation petition.
4. If a property owner prevails in an action for trespass or expanded use against a private utility company, public utility, rural electric cooperative, municipally owned utility, pipeline, or railroad, such property owner may be awarded reasonable attorneys' fees, costs, and expenses.
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(L. 2006 H.B. 1944)
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 523 - Condemnation Proceedings › Section 523.286 - Declaration of farmland as blighted prohibited — definition.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 523
• Effective - 28 Aug 2006
523.286. Declaration of farmland as blighted prohibited — definition. —
1. No condemning authority shall declare farmland blighted for the purposes of exercising eminent domain.
2. For the purposes of this section only, the term
"farmland"
shall mean all real property classified as forest cropland or all real property used for agricultural purposes and devoted primarily to the raising and harvesting of crops; to the feeding, breeding, and management of livestock which shall include breeding and boarding of horses; to dairy operations, or to any combination thereof; and buildings and structures customarily associated with farming, agricultural, and horticultural uses. "Farmland" shall also include land devoted to and qualifying for payments or other compensation under a soil conservation or agricultural assistance program under an agreement with an agency of the federal government.
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(L. 2006 H.B. 1944 § 1)
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 524 - Ejectment › Section 524.010 - Ejectment maintained generally, when.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 524
Effective - 28 Aug 1939
524.010. Ejectment maintained generally, when. —
An action for the recovery of the possession of premises may be maintained in all cases where the plaintiff is legally entitled to the possession thereof.
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(RSMo 1939 § 1529)
Prior revisions: 1929 § 1365; 1919 § 1815; 1909 § 2382
(1971) Where neither the plaintiffs nor defendants were claiming title to any lands of which the other had title and only issue was the location on the ground of the boundary line between the two tracts, ejectment was the proper remedy and it was error to decree title in plaintiff. Carroz v. Kaminiski (Mo.), 467 S.W.2d 871.
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 524 - Ejectment › Section 524.020 - Ejectment maintained in particular cases, when.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 524
• Effective - 28 Aug 1939
524.020. Ejectment maintained in particular cases, when. —
An action for the recovery of the possession of land may also be maintained against any person not having a better title thereto, in all cases where the plaintiff claims possession thereof under or by virtue of:
(1) An entry or bounty land warrant location with the register and receiver of any land office of the United States, or with the commissioner of the general land office thereof; or
(2) An entry with the register and receiver of any land office in this state; or
(3) A preemption right, under the laws of the United States, or of this state; or
(4) A New Madrid location; or
(5) A confirmation made under the laws of the United States; or
(6) A land scrip location made in virtue of the laws of this state; or
(7) A French or Spanish grant, warrant or order of survey, surveyed by proper authority, under the French or Spanish government, and recorded according to the usages of the country prior to the tenth of March, 1804.
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(RSMo 1939 § 1530)
Prior revisions: 1929 § 1366; 1919 § 1816; 1909 § 2383
CROSS REFERENCE:
New Madrid certificates and patents, evidentiary effect, 446.250, 446.260
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 524 - Ejectment › Section 524.030 - Tenants in common may sue jointly.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 524
Effective - 28 Aug 1939
524.030. Tenants in common may sue jointly. —
Two or more tenants in common may join in the action, and jointly prosecute and sustain such action for the recovery of the estate by them owned in common.
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(RSMo 1939 § 1531)
Prior revisions: 1929 § 1367; 1919 § 1817; 1909 § 2384
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 524 - Ejectment › Section 524.040 - Parties to action.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 524
Effective - 28 Aug 1939
524.040. Parties to action. —
The action shall be prosecuted in the real names of the parties thereto, and shall be brought against the person in possession of the premises claimed.
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(RSMo 1939 § 1532)
Prior revisions: 1929 § 1368; 1919 § 1818; 1909 § 2385
CROSS REFERENCE:
Holder under tax deed may sue for recovery of possession, when, 140.580
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 524 - Ejectment › Section 524.050 - Who may be made codefendant.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 524
Effective - 28 Aug 1939
524.050. Who may be made codefendant. —
The person from or through whom the defendant claims title to the premises may, on motion, be made a codefendant.
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(RSMo 1939 § 1533)
Prior revisions: 1929 § 1369; 1919 § 1819; 1909 § 2386
CROSS REFERENCE:
Tenant served with summons in ejectment to notify landlord, penalty, 441.090
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 524 - Ejectment › Section 524.060 - Petition — necessary averments.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 524
Effective - 28 Aug 1939
524.060. Petition — necessary averments. —
It shall be sufficient for the plaintiff to aver in the petition that on some day therein to be specified, he was entitled to the possession of the premises, describing them, and being so entitled to the possession thereof, that the defendant afterward, on some day to be stated, entered into such premises, and unlawfully withholds from the plaintiff the possession thereof, to his damage, in any sum he may claim.
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(RSMo 1939 § 1534)
Prior revisions: 1929 § 1370; 1919 § 1820; 1909 § 2387