Section 28 Duties of Commissioners, Notice of Viewing, Viewing the Property, Assessment of Damages, and Filing Report

• Library: Condemnation Practice 2009

It is within the province of the court to inform all commissioners of their duties and responsibilities. State ex rel. State Highway Comm’n v. Klipsch, 365 S.W.2d 76 (Mo. App. E.D. 1963). The duties of the commissioners are set forth in § 523.040, RSMo Supp. 2008.

Once sworn, the commissioners are required to:

• “view the property

• hear arguments, and

• review other relevant information that may be offered by the parties.”

Section 523.040.2. The commissioners must notify all parties named in the condemnation petition at least ten days before their viewing of the property of the landowner’s right “to accompany the commissioners on the commissioners’ viewing of the property and of the named parties’ opportunity to present information to the commissioners.” Id.

The formality, or...