Section 28 Condemnation of Property Devoted to Public Use

• Library: Condemnation Practice 2009

The enabling statute determines if the condemning authority has been given the power to condemn private property devoted to public use by the express intent of the legislature. The statute itself may allow condemnation of property devoted to a public use in certain instances and at the same time prohibit the authority from condemning land belonging to the city, county, state, or other political subdivision. See generally § 99.120, RSMo Supp. 2008. Other statutes authorize a condemnor to construct or excavate as necessary across, through, or over any public highway or railroad right-of-way. See generally § 393.020, RSMo 2000.

Although a statute may not expressly grant the right to take land already devoted to public use, it may allow a corporation to use property already condemned by another authority for certain purposes that do not materially interfere with the underlying uses and purposes for which...