I.D.8 Report of Commissioners

• Library: Condemnation Practice 2009 Forms

Note: In State ex rel. White Family Partnership v. Roldan, 271 S.W.3d 569, 574-75 (Mo. banc 2008), the Supreme Court ruled that commissioners are also required, and it is error on the part of the trial court to fail to direct them to do so, to determine whether the property has been owned within the same family for 50 or more years. Section 523.039(3), RSMo Supp. 2008. This form does not provide for such a finding. It is unclear whether the finding of the length of ownership would be under a different form or as part of the report as to market value. In either case, an owner who asserts a claim of heritage value is advised to ensure that the commissioners have some form to report their finding to the trial court for the court's utilization in the second stage of awarding heritage value.

Report of Commissioners

On this _____ day of ________________, 20___, come ________________, ________________, and ________________, duly appointed commissioners in the above-entitled cause, and...