Section 31 Trespass

• Library: Condemnation Practice 2009

Trespass is clearly a tort action, and the landowner should not get caught up in this type of action if the defendant has a possibility of governmental immunity. A landowner may sue in trespass or for actual damages. Hayden v. Grand River Mut. Tel. Corp., 440 S.W.2d 161 (Mo. App. W.D. 1969). The theory and plea of this action is the willful, malicious, unlawful trespass and reckless disregard and violation of the plaintiff’s property right giving rise to successive actions for temporary, continuing trespasses. In adopting this theory, the plaintiff does not acknowledge the right of the taker to appropriate, nor does the plaintiff acquiesce in the taking...