Section 17 Condemnation

• Library: Real Estate Fundamentals 2011

One type of condemnation is private condemnation. Ways of necessity are provided for in article I, § 28, of the Missouri Constitution, which permits private condemnation for “private ways of necessity, and except for drains and ditches across the lands of others for agricultural . . . purposes.” The procedure for acquisition is currently set forth in §§ 228.342–228.368, RSMo 2000, and it must be strictly followed. Rippeto v. Thompson, 216 S.W.2d 505 (Mo. 1949). The claimant is required to show that “(1) he...