Section 22 Responsive Pleadings and Challenge to Determination of Blight in Redevelopment Cases

• Library: Condemnation Practice 2009

Rule 86 makes no provision for the filing of any pleading other than the initial pleading and exceptions to the commissioners’ report. Thus, a landowner is not required to file an answer to the petition to be entitled to receive just compensation. Ark.-Mo. Power Co. v. Hamlin, 288 S.W.2d 14 (Mo. App. S.D. 1956).

But if the landowner wants to contest the taking, or take advantage of the right to challenge a legislative determination of “blight” in a redevelopment case under § 523.261, RSMo Supp. 2008, an answer containing affirmative defenses or a motion to dismiss should be filed. Centene Plaza Redevelopment Corp. v. Mint Props., 225 S.W.3d 431 (Mo. banc 2007).

Because of the sui generis nature of condemnation proceedings, the Supreme Court has held that the landowner is not...