Section 23 Prehearing Discovery

• Library: Condemnation Practice 2009

Until several years ago, there was no authority permitting discovery before the condemnation hearing. Missouri courts had repeatedly held that the discovery rules contained in the Missouri Rules of Civil Procedure did not apply to the initial acquisition phase of the condemnation process. State ex rel. Wash. Univ. Med. Ctr. Redevelopment Corp. v. Gaertner, 626 S.W.2d 373 (Mo. banc 1982); State ex rel. Mo. Highway & Transp. Comm’n v. Anderson, 735 S.W.2d 350 (Mo. banc 1987); State ex rel. Mo. Highway & Transp. Comm’n v. Bush, 911 S.W.2d 690 (Mo. App. E.D. 1995).

The rationale for the rule was based on the distinction between the purpose of the initial acquisition phase, in which discovery was not permitted, and the subsequent damage phase, in which...