Section 15 Fee or Easement

• Library: Condemnation Practice 2009

The first thing that counsel should do when preparing a condemnation petition is check the enabling statute or the ordinance granting authority to condemn to determine what interest can be acquired. In certain cases, the determination of interest and the authority to condemn will be found in the Missouri Constitution. According to Chapter 523, RSMo, the condemning authority generally acquires a permanent easement for purposes consistent with its designated purpose. But there are occasions when the enabling statute or constitutional provision expressly authorizes a condemning authority to acquire land in fee simple title. It is not...