Section 24 What Is Compensable: Measure of Damages, Interest, and Attorney Fees
Library | Condemnation Practice 2009 |
Though the subject of “damages” is treated more extensively in other chapters of this deskbook, the question may be asked if the measure of damages applicable in an inverse condemnation situation is the same as in the routine condemnation case.
The answer is that the measure of a landowner’s recovery in inverse condemnation is the same as in condemnation, i.e., the difference between the fair market value of the entire tract immediately before and immediately after the appropriation. Shelton v. M&A Elec. Power Coop., 451 S.W.2d 375 (Mo. App. S.D. 1970).
Consideration should always be given to what constitutes the qualification of witnesses. Of course, it stands to reason that the testimony of a witness who is qualified to testify in a true condemnation case should have equal weight in an inverse condemnation case. In State ex rel. Missouri Highway & Transportation Commission v. Menley, 778 S.W.2d 9 (Mo. App. E.D. 1989), the Eastern District has again set forth that a property owner can testify regarding the value of the owner’s own property.
The measure of damages for leaseholders is fairly well settled. Land Clearance for Redevelopment Auth. of Kansas City v. Ridge, 781 S.W.2d 104 (Mo. App. W.D. 1989). The standard instruction refers to the difference between the reasonable market value before and after, and the same would be the test to use on a lease. Though the measure of damages is...
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