Section 35 Abandonment of Condemnation Proceedings

• Library: Condemnation Practice 2009

A condemnor has the unqualified right to abandon the condemnation proceedings at any time within ten days after the filing of the commissioners’ report, or when exceptions are filed, within ten days after the assessment of damages is final. Section 523.040, RSMo Supp. 2008; Rule 86.06; Ctr. Sch. Dist. No. 58 of Jackson County v. Kenton, 345 S.W.2d 120 (Mo. 1961); Wash. Univ. Med. Ctr. Redevelopment Corp. v. See, 654 S.W.2d 192 (Mo. App. E.D. 1983). The courts have recognized that § 523.040 and Rule 86.06 should be construed to give the condemnor the right to ascertain the final price for the property to be acquired and to discontinue proceedings if...