Section 19 Determinable Interest

LibraryCondemnation Practice 2009

If the condemned property is encumbered with a properly recorded mortgage or deed of trust at the time the condemnation petition is filed, the mortgagee or deed-of-trust holder must be named as a party defendant. The courts routinely find that such an interest in the subject property is a determinable interest. See Cassville Sch. Dist. v. McArtor, 286 S.W. 729, 731 (Mo. App. S.D. 1926).

Fortunately, in the event of a partial taking, when the...

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