Section 21 Service and Notice of Hearing

• Library: Condemnation Practice 2009

Section 523.030, RSMo 2000, requires that every defendant in the condemnation action must be given notice of the proceedings at least ten days before the hearing on the petition. This provision supersedes other provisions of the Rules of Civil Procedure, which provide for a longer notice period for other civil actions. Bd. of Regents for Ne. Mo. State Teachers Coll. v. Palmer, 204 S.W.2d 291 (Mo. 1947); Rule 86.05.

Notice of the proceedings must be given in the same manner as a summons is served in ordinary civil cases. Section 523.030; Rule 86.05. Proof of service is established by the return of service by the sheriff or other process server. State ex rel. Nickerson v. Rose, 175 S.W.2d 768 (Mo. 1943).

Service by publication is permitted if the owner does not reside within the state. Section 523.030; Rule 86.05. Publication must occur in a newspaper in the county where the hearing is to be held at least once a week for three consecutive weeks before the date of the hearing.

See the Forms Appendix of this deskbook for sample forms of notices.

If service by publication is required, the...