Section 32 Declaratory Judgment

• Library: Condemnation Practice 2009

Strictly speaking, an action of declaratory judgment is not another type of relief applicable to unauthorized takings, but a declaratory judgment action could well lead to a finding that a taking or appropriation has occurred. If this is declared to be the case, further relief might well be in order.

In County of Bollinger v. Ladd, 564 S.W.2d 267 (Mo. App. E.D. 1978), a case of unusual circumstances involving a void agreement with a county and no dedication by the property owner of her land for a newly...