Section 24 Scope of Hearing and Preferential Setting in Certain Redevelopment Cases

• Library: Condemnation Practice 2009

The condemnation hearing is an evidentiary hearing conducted by the circuit court for the single purpose of determining whether the condemnation sought in the petition is authorized by law. Therefore, the scope of relevant evidence is usually narrow. To prove that the taking is authorized by law, the condemner must usually only establish the following:

• Due notice has been given of the pendency of the petition to the necessary parties. Section 523.040, RSMo Supp. 2008

• The condemnor has the constitutional, statutory, or ordinance authority to acquire the property by eminent domain. State ex rel. Gove v. Tate, 442 S.W.2d 541 (Mo. banc 1969)

• The condemnor has complied with the constitutional and statutory prerequisites to the exercise of its power of eminent domain. State ex rel. Devanssay v. McGuire, 622 S.W.2d 323 (Mo. App. E.D. 1981)

• The purpose of the taking is for a public use...