Section 19 Amendments to Rights Acquired

• Library: Condemnation Practice 2009

When an amendment to a condemnation petition reduces the amount of the taking and does not affect the rights of the opposite party by either changing the issues or prejudicing the property owner, the amendment is usually freely allowed. City of St. Louis v. Senter Comm’n Co., 84 S.W.2d 133 (Mo. banc 1935). The same general rule applies when the rights to be exercised are lessened, State ex rel. State Highway Comm’n v. Stotko, 365 S.W.2d 64 (Mo. App. E.D. 1963), or when the condemning authority makes a mistake and condemns access rights it actually already owns, State ex rel. State Highway Comm’n v. Joe D. Esther, Inc., 579 S.W.2d 155 (Mo. App. S.D. 1979).

In State ex rel. State Highway Commission v. Polk, 459 S.W.2d 346 (Mo. 1970), despite the fact...