Section 27 Appointment of Commissioners

• Library: Condemnation Practice 2009

At the time the court enters an order of condemnation, or shortly thereafter, it appoints three commissioners, whose function is to assess and report to the court the damages suffered by the landowner as a result of the taking. Section 523.040.1, RSMo Supp. 2008. The commissioners’ award becomes binding unless either party seeks a jury determination of the issue of damages by timely filing exceptions to the award. Section 523.050.1, RSMo Supp. 2008. The only statutory requirement regarding the qualifications of the individuals to be appointed as commissioners is that they be “disinterested” and “residents of the county in which the real estate or a part thereof is situated.” Section 523.040.1.

In contrast, article I, § 26, of the Missouri Constitution provides that the...