Section 22 Denial of a Claim

• Library: Condemnation Practice 2009

If the claimant has gone through the proscribed administrative appeal process and has not received the requested relief, the claimant is entitled to seek judicial review of the relocation benefit decision. See 49 C.F.R. § 24.10(g). If the claimant fails to exhaust administrative remedies before seeking judicial review, the claimant will certainly face a motion to dismiss and likely a dismissal order.

In Smith v. Missouri State Highway Commission, 488 S.W.2d 230 (Mo. App. W.D. 1972), the court held that a...