Section 3 Party Defendants

• Library: Condemnation Practice 2009

Condemnation proceedings are governed generally by Chapter 523, RSMo, and Rule 86. The only necessary defendants are those in actual possession of the property and record owners of the fee. But any person holding less than a freehold interest in the property or who is damaged by such appropriation can become a party by entering an appearance in the proceedings. Both the statute and the rule list the persons that may be made party defendants, but neither clearly defines necessary party defendants. Defendants may be owners of any or all of the property being condemned. Conservators must be made party defendants if the condemnation affects the properties of persons under conservatorship. Section 523.010.2...