Section 36 Claims by Landowner in Condemnation Action

• Library: Condemnation Practice 2009

As noted in §1.22 above, condemnation is a special statutory proceeding that does not allow the landowner to assert counterclaims against the condemnor. Tierney v. Planned Indus. Expansion Auth. of Kansas City, 742 S.W.2d 146 (Mo. banc 1987); State ex rel. Wash. Univ. Med. Ctr. Redevelopment Corp. v. Gaertner, 626 S.W.2d 373 (Mo. banc 1982). Consequently, a landowner’s cause of action for damages against the condemnor apart from the determination of just compensation for the property to be acquired must be brought in a separate proceeding. See, for...