Section 10 Necessary Parties

• Library: Condemnation Practice 2009

Section 523.010, RSMo 2000, and Rule 86.03 set forth the necessary parties to a condemnation action. The condemning authority is the plaintiff in the condemnation action. The petition must name as a defendant any person in actual possession of the property or having title to the premises shown in the county records. Rule 86.03; State ex rel. Mo. Highway & Transp. Comm’n v. Starling Plaza P’ship,
832 S.W.2d 518, 521 (Mo. banc 1992). When several parties claim an interest in the subject property, all should be named as defendants. Butler County R. Co. v. Barron, 158 S.W. 872 (Mo. App. S.D. 1913). Only those owners and those having a property interest at the time the proceedings...