Section 34 Use of the Same General Character

• Library: Condemnation Practice 2009

There is no abandonment of the original use if the condemnor changes the use to a use of the same general character and no additional burdens are imposed on the property. Riggs v. City of Springfield, 126 S.W.2d 1144 (Mo. banc 1939). In Riggs,the Court found that the land did not revert back to the fee owner, which would have entitled him to additional compensation, because landowners do not have a right to insist that the public use be precisely what the property was acquired for. No part of the...