Section 17 Collection Process of a Refund Judgment

• Library: Condemnation Practice 2009

Although the condemnation proceedings are in rem proceedings, the in rem nature of the jurisdiction is changed to in personam once there is a payment of the award and when the award is drawn down. State ex rel. State Highway Comm’n v. Eilers, 445 S.W.2d 374, 376 (Mo. 1969); State ex rel. Mo. Highway & Transp. Comm’n v. Wilson, 864 S.W.2d 341, 345 (Mo. App. W.D. 1993). Collection of a refund judgment by the condemning authority, therefore, is not limited to the remainder property, if any. The condemning authority has the ability to collect against the other personal assets of the party defendant as well. See Eilers, 445 S.W.2d 374. Of course, the in personam judgment operates only to the extent of the...