Section 19 Parties

• Library: Condemnation Practice 2009

The necessary party defendants to a condemnation action
are those in actual possession of the property to be affected claiming title and those having an interest of record in the property condemned. Rule 86.03. The interests in the property are determined as of the date the condemnation action is filed. Millhouse v. Drainage Dist. No. 48 of Dunklin County, 304 S.W.2d 54 (Mo. App. S.D. 1957). Without the necessary party defendants, the condemnation petition is fatally defective and can be dismissed. Union Elec. Co. v. Slay Bulk Terminals, Inc., 475 S.W.2d 136 (Mo. App. E.D. 1971).

If the proceedings seek to affect the properties of persons under guardianship, Rule 86.03 requires that the guardians be made parties defendants. Although it is not mandatory, it is...