Section 20 Temporary Construction Easements

• Library: Condemnation Practice 2009

There is nothing in the caselaw or the statutes that requires a condemnor to plead the commencement and duration of a temporary construction easement. State ex rel. Mo. Highway & Transp. Comm’n v. Pracht, 665 S.W.2d 697 (Mo. App. E.D. 1984). If the condemnor intends on exercising less than the full amount of rights, however, that intention must appear with reasonable certainty in the petition or else the condemnor will not be able to present evidence at trial
that it will not exercise the full rights to...