Section 21 Determinable Interest

• Library: Condemnation Practice 2009

A leaseholder possesses an interest in the condemned property for which the leaseholder could be compensated, i.e., a leasehold can be a determinable interest. State ex rel. State Highway Comm’n v. Johnson, 592 S.W.2d 854 (Mo. App. E.D. 1979). Unless a written lease provides otherwise, though, a month-to-month tenant or a tenant at will does not have a compensable interest in the condemnation commissioners’ award. See:

• Millhouse v. Drainage Dist. No. 48 of Dunklin County, 304 S.W.2d 54, 58 (Mo. App. S.D...