Section 31 Filing of Exceptions

• Library: Condemnation Practice 2009

Either party can request a jury trial on the issue of damages by filing written exceptions to the commissioners’ award with the court. Section 523.050.1, RSMo Supp. 2008; Rule 86.08; State ex rel. State Highway Comm’n of Mo. v. Cool’s Tall Tower, Rest. & Marina, 700 S.W.2d 114 (Mo. App. S.D. 1985). Exceptions to the commissioners’ report must be filed with the clerk’s office within 30 days after service of the notice of the filing of the commissioners’ report. Section 523.050.1; Rule 86.08. This filing deadline is strict and is jurisdictional. The failure to file exceptions within this time period waives the right of the delinquent party to have the damages assessed by a jury. For example, if the condemnor filed exceptions and later dismissed them, the landowner who failed to file exceptions would not be entitled to a new assessment of damages by a jury. Hous. Auth. of City of Marshall v. Emmerson, 712 S.W.2d 696 (Mo. App. W.D. 1986); City of Sikeston v. Rolanco, Inc., 650 S.W.2d 729 (Mo. App. S.D...