Section 17 Trees and Structures

• Library: Condemnation Practice 2009

Unless a prior agreement has been made between the grantor and the condemnor, trees standing or growing in the area of the taking are taken with the realty because they are considered a part of the property. State ex rel. State Highway Comm’n v. Cook, 161 S.W.2d 691 (Mo. App. W.D. 1942). The cost of the landowner removing the trees is not to be considered in the determination of damages to the property. State ex rel. State Highway Comm’n v. Commonwealth Drive-In Theatres, Inc., 423 S.W.2d 49 (Mo. App. W.D...