Section 1 Introduction and Scope of Chapter

• Library: Condemnation Practice 2009

Eminent domain is the power to take property for public use. It is inherent in, and emanates from, the sovereign. Generally speaking, under Missouri law, a condemnation proceeding can be divided into four stages:

1. Condemnation Hearing-An evidentiary hearing on the condemnor's right to take the property, followed by the appointment of three condemnation commissioners to assess damages, or when appropriate, benefits

2. Award-A commissioners' award setting an interlocutory amount to be paid for the property, subject to the filing of exceptions and a request for a jury trial

3. Distribution and Apportionment-A hearing to authorize the distribution and apportionment of the commissioners' award among...