Section 25 Role of Guardian Ad Litem for Unknown Parties

• Library: Condemnation Practice 2009

It is not uncommon for a condemnor to be unable to ascertain the names of all necessary parties or to be unable to locate all of them. The plain language of § 523.010.1, RSMo 2000, recognizes that the identity of one or more necessary parties may be unknown. Section 523.030, RSMo 2000, provides for notice of the proceeding by publication when the name or residence of an owner is unknown. See also Rule 86.05.

In eminent domain proceedings, there is no statutory requirement for the appointment of a guardian ad litem to represent parties who are unknown or cannot be located. Rule 54.12(c), which requires the court to appoint counsel to represent unborn or unknown parties when those parties default in other civil matters, does not apply to eminent domain cases. State ex rel. Union Elec. Co. v. Godfrey, 673 S.W.2d 14 (Mo. banc 1984). Nonetheless, when one or more of the parties having an interest in the property being taken are unknown or cannot be found, the court does appear to have discretion to appoint a...