Chapter 1 Overview - Source of Power and Missouri Condemnation Procedure

Index

Section 1 Introduction and Scope of Chapter
Section 2 Authority to Exercise Power of Eminent Domain
Section 3 Police Power Distinguished
Section 4 Delegation of Power
Section 5 United States Constitution
Section 6 Missouri Constitution
Section 7 Taking Solely for Economic Development Prohibited, Statute of Limitations in Redevelopment Cases, and Other Statutory Restrictions
Section 8 Access to Property Before Condemnation
Section 9 Jurisdictional and Statutory Prerequisites
Section 10 Proper Delegation
Section 11 Necessity
Section 12 Public Purpose or Public Use
Section 13 Good-Faith Negotiations
Section 14 Notice of Intent to Take and Contents of Notice
Section 15 Request for Alternative Location by Owner in Partial Taking
Section 16 Requirement of Written Offer Good for Thirty Days
Section 17 Other Considerations
Section 18 Condemnation Petition
Section 19 Parties
Section 20 Venue and Jurisdiction
Section 21 Service and Notice of Hearing
Section 22 Responsive Pleadings and Challenge to Determination of Blight in Redevelopment Cases
Section 23 Prehearing Discovery
Section 24 Scope of Hearing and Preferential Setting in Certain Redevelopment Cases
Section 25 Role of Guardian Ad Litem for Unknown Parties
Section 26 Appeal of Order of Condemnation
Section 27 Appointment of Commissioners
Section 28 Duties of Commissioners, Notice of Viewing, Viewing the Property, Assessment of Damages, and Filing Report
Section 29 Notice of Commissioners' Report
Section 30 Increase of Award for Homestead or Heritage Value
Section 31 Filing of Exceptions
Section 32 Payment of Award and Notice
Section 33 Passing of Title and Right to Possession
Section 34 Determination of Interest in Award and Apportionment
Section 35 Abandonment of Condemnation Proceedings
Section 36 Claims by Landowner in Condemnation Action
Section 37 Right to Jury Trial
Section 38 Order of Trial and Burden of Proof
Section 39 Date of Value
Section 40 Instructions
Section 41 Verdict
Section 42 Interest
Section 43 Constitutional Charter Cities and Counties
Section 44 Levee and Drainage Districts
Section 45 Public Utilities
Section 46 Ways of Necessity and Private Drainage Easements
Section 47 Authority for Exercise of Power of Eminent Domain