Section 12 Commissioner as Valuation Witness

• Library: Condemnation Practice 2009

Courts will allow an individual who has served as a condemnation commissioner, if competent, to testify at the jury trial, but the fact that the witness served as a commissioner may not be made known to the jury. State ex rel. State Highway Comm’n v. Wetterau Foods, Inc., 632 S.W.2d 88, 90 (Mo. App. E.D. 1982), reaffirmed in City of Lake Ozark v. Campbell, 745 S.W.2d 799, 801 (Mo. App. S.D. 1988). If the former commissioner testifies to a different opinion than the commissioners’ report, it is...