Section 10 Permanency of Taking

LibraryCondemnation Practice 2009

Earlier editions of this chapter cited cases, most dealing with municipal sewer discharge, that seemed to indicate a line between a temporary abatable nuisance and one that is permanent. For the purposes of inverse condemnation, that line was more illusion than fact. The more recent cases, such as Heins Implement Co. v. Missouri Highway & Transportation Commission, 859 S.W.2d 681 (Mo. banc 1993), would indicate that any taking or damaging not paid for in advance could serve as the basis for an inverse. The...

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