Title XXXVI — STATUTORY ACTIONS AND TORTS

523.001. Definitions. — For the purposes of this chapter, the following terms shall mean: (1) "Fair market value", the value of the property taken after considering comparable sales in the area, capitalization of income, and replacement cost less depreciation, singularly or in co…

523.010. Lands may be condemned, when — petition — parties — power of public utility to condemn certain lands, limitation. — 1. In case land, or other property, is sought to be appropriated by any road, railroad, street railway, telephone, telegraph or any electrical corporation …

523.020. Different owners may be joined in one petition. — Any number of owners, residents in the same county or circuit, may be joined in one petition, and the damages to each shall be separately assessed by the same commissioners. ­­-------- (RSMo 1939 § 1507) Prior revisions: …

523.025. Involuntary easement by eminent domain by electrical corporation, financial commitments to project required — failure, remedy. — If an electrical corporation as defined in section 386.020, except for an electrical corporation operating under a cooperative business plan a…

523.030. Summons, when to issue, how served — publication. — Upon the filing of the petition, a summons shall be issued, giving such owner at least ten days' notice of the time when said petition will be heard, which summons shall be served by the sheriff of the county, in the sa…

523.039. Just compensation for condemned property, amount — agricultural or horticultural property, amount. — 1. In all eminent domain proceedings filed after December 31, 2006, just compensation for condemned property shall be determined under one of the three following subdivis…

523.040. Appointment of commissioners — duties — notice of property viewing. — 1. The court, or judge thereof in vacation, on being satisfied that due notice of the pendency of the petition has been given, shall appoint three disinterested commissioners, who shall be residents of…

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 i…

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…

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 m…

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 commissione…

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 c…

*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 ho…

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 liti…

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 …

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 sam…

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 i…

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, …

523.205. Relocation assistance given, when — definitions — relocation plans — contents — residential payments — business payments — advance payments — waiver — notice — report — ineligibility for tax abatement, when — additional requirements. — 1. Any public agency as defined in …

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 preced…

523.215. Not to affect other condemnation compensation. — Nothing herein shall be deemed to alter or add to just compensation in condemnation proceedings as now provided by law. ­­-------- (L. 1971 H.B. 94 § 4)

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 con…

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…

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 deem…

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 less…

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 ther…

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…

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 …

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 …

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 pr…

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 lega…

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 a…

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, pu…

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 …