Section 14 Notice of Intent to Take and Contents of Notice

• Library: Condemnation Practice 2009

The first step in the good-faith negotiations process is for the condemnor to give the owner of record a written notice of intent to take. Section 523.250, RSMo Supp. 2008. The notice must be given at least 60 days before the filing of the condemnation petition and must include the following information:

1. Identification of the interest in real property to be acquired and a statement of the legal description or commonly known location of the property

2. The purpose or purposes for which the property is to be acquired
3. A statement that the property owner has the right to
   1. Seek legal counsel at the owner’s expense
   2. Make a counteroffer and engage in further negotiations
   3. Obtain such owner’s own appraisal of just compensation
   4. Have just compensation determined preliminarily by court-appointed condemnation commissioners and, ultimately, by a jury
   5. Seek assistance from the office of the ombudsman for property rights created under section 523.277;
   6. Contest the right to condemn in the condemnation proceeding; and
   7. Exercise the...