Section 18 Condemnation Petition

• Library: Condemnation Practice 2009

When the condemner has complied with all conditions precedent to condemnation, it may file its petition. Section 523.010, RSMo 2000. In addition to allegations relating to the above-described jurisdictional prerequisites, the petition should include:

• the names or descriptions of the owners of the property to be acquired and other necessary parties (or a statement that they are unknown)

• a pertinent description of the property

• a statement of the foundation of the condemner’s right to condemn

• a general statement of the nature of the use for which the property is to be taken; and

• a prayer for the appointment of three disinterested residents of the county where the property is located to serve as commissioners to assess the damages that the owners may sustain as a consequence of the taking

Id.; Rule 86.04; Mo. Highway & Transp. Comm’n v. Circuit Court of Franklin County, 656 S.W.2d 829 (Mo. App. E.D. 1983). The description of the land taken should be set forth “with such particularity that the...