Section 33 Passing of Title and Right to Possession

• Library: Condemnation Practice 2009

Title to the condemned property passes by operation of law upon payment of the commissioners’ award into the registry of the court. The date of deposit becomes the date of taking for the purpose of assessment of damages at trial. Section 523.055, RSMo Supp. 2008; State ex rel. State Highway Comm’n v. Deutschman, 142 S.W.2d 1025 (Mo. 1940); Seliga Shoe Stores, Inc. v. City of Maplewood, 558 S.W.2d 328 (Mo. App. E.D. 1977). For purposes of clear title, it is a good practice for the condemnor to record a...