Section 12 Tenants or Lessees

• Library: Condemnation Practice 2009

Under § 523.010.3, RSMo 2000, the necessary parties to a condemnation action are those persons either in actual possession of the property who claim title to the property or who have title according to the applicable county records.

A tenant or lessee is a necessary party to the condemnation petition only if the tenant has a compensable interest in the property. Seliga Shoe Stores, Inc. v. City of Maplewood, 558 S.W.2d 328 (Mo. App. E.D. 1977). Mere possession of the property is not sufficient to make the tenant a necessary party. Id.The following leaseholds have been held noncompensable; therefore, the tenant was not a necessary party to the condemnation petition:

• Mere possession
• Tenancy at sufferance
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