Section 23 Burden of Proof
| Library | Condemnation Practice 2009 |
The burden of proof in the usual eminent domain proceedings falls on the landowner who is seeking to recover damages for the loss of use of the landowner’s property. In State ex rel. County of Shannon v. Chilton, 626 S.W.2d 426 (Mo. App. S.D. 1981), the Southern District stated that it could see no reason why the same burden of proof should not be on the party bringing an inverse condemnation proceeding. The court...
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