Section 31 Distribution Issues Resulting From Recent Statutory Changes

• Library: Condemnation Practice 2009

Aside from the exceptions to the “unit rule” discussed in §6.28 above, past caselaw has been supportive of the concept of a single damage amount for a parcel of land. Now, the definitions contained in § 523.001, RSMo Supp. 2008, create two new elements of damage: heritage value (defined as 50% of the fair market value) and value as a result of a “homestead taking.” Just compensation is now defined in § 523.039, RSMo Supp. 2008, as follows:

In all condemnation proceedings filed after December 31, 2006, just compensation for condemned property shall be determined under one of the three following subdivisions, whichever yields the highest compensation, as applicable to the particular type of property and taking:

(1) An amount equivalent to the fair market value of such property;

(2) For condemnations that result in a homestead taking, an amount equivalent to the fair market value of such property multiplied by one hundred twenty-five percent; or

(3) For condemnations of property that result in any taking that prevents the owner from utilizing property in substantially the same manner as it was currently being utilized on the day of the...