Section 30 Withdrawal of Award-Effect on Appeal

• Library: Condemnation Practice 2009

It is established that when a defendant withdraws any ordered portion of the award from the court’s registry, the defendant cannot later deny the validity of the court’s order concerning the condemning authority’s right to take the condemned property. See Kansas City S. Ry. Co. v. Second St. Improvement Co., 166 S.W. 296, 298 (Mo. 1914); Jackson County v. Hesterberg, 519 S.W.2d 537, 545 (Mo. App. W.D. 1975). Logically, it follows that a defendant that has withdrawn the award would also waive the right to challenge the apportionment ordered by the court.

A defendant who does appeal the apportionment order may want to prevent the distribution by the...