Section 2 Generally

• Library: Condemnation Practice 2009

A condemnor has the right to abandon condemnation proceedings within 10 days after the filing of the commissioners’ report or a judgment following a jury trial on the exceptions to the report. Section 523.040, RSMo Supp. 2008; Rule 86.06; Ctr. Sch. Dist. No. 58 of Jackson County v. Kenton, 345 S.W.2d 120 (Mo. 1961). To exercise the right to abandon, the condemnor must file a written instrument with the clerk of the circuit court and have the instrument entered into the minutes of the court. Rule 86.06. This right extends to the condemnor until the award becomes “final.” It is...