Section 28 Holder of Easement

• Library: Condemnation Practice 2009

Easements are recognized as compensable property rights. See In re Riverside-Quindaro Bend Levee Dist., Platte County, Mo. v. Mo. Am. Water Co., 117 S.W.3d 140, 155–56 (Mo. App. W.D. 2003). There are few decisions, however, that explain the manner and method of compensating the holders of easements, and consistent rules are difficult to discern.

Subdivision restrictions are a form of easement and, as such, are compensable. Subdivision restrictions create restrictive easements that are compensable. In London v. Handicapped Facilities Board of St. Charles County, 637 S.W.2d 212 (Mo. App. E.D. 1982), an owner in a subdivision brought suit, objecting that a group home violated the deed restrictions, which...