Section 2 Overview

• Library: Condemnation Practice 2009

Discovery is generally permitted only after exceptions to the commissioners’ report have been filed. State ex rel. Mo. Highway & Transp. Comm’n v. Anderson, 735 S.W.2d 350 (Mo. banc 1987). That is to say, the parties may conduct discovery only as to the issue of value and not as to the lawfulness of the condemnation. But in some circumstances, courts may allow discovery after the filing of the condemnation petition and before the filing of the commissioners’ report and exceptions. Before obtaining...