Section 34 Determination of Interest in Award and Apportionment

• Library: Condemnation Practice 2009

Within 30 days after the commissioners’ award is paid, the defendants may file an agreement with the court setting out the manner and the percentages in which the award is to be divided among them. Section 523.053.1, RSMo 2000. If no agreement is filed within the 30-day period, any defendant claiming an interest in the award may file a motion for distribution to have the court determine the percentage of the award to which each party is entitled. Id. The condemnor is entitled to notice of the filing of this agreement or motion and may intervene as an interested party to the proceeding. Id.

Any party aggrieved by the determination of interests in the award has the right to appeal, and this determination is considered a final...