Section 16 Amendments to the Pleadings

• Library: Condemnation Practice 2009

Whether to allow amendments to the pleadings is largely within the trial court’s discretion. State ex rel. State Highway Comm’n v. Dunard, 485 S.W.2d 657 (Mo. App. E.D. 1972). But refusal to allow an amendment to the pleadings decreasing the amount of the taking is reversible error. City of Perryville v. Stark, 715 S.W.2d 268 (Mo. App. E.D. 1986). Amendment to the pleadings can even be made after the commissioners’ report to:

• correct errors or misdescriptions
• decrease the amount of the taking
• grant the...