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Section 37 Right to Jury Trial
| Library | Condemnation Practice 2009 |
Both the condemnor and the condemnee have the right to a trial by a jury of 12 persons upon the filing of exceptions to the commissioners’ award. Sections 523.060.1 and 523.050.2, RSMo Supp. 2008; Rule 86.08; State ex rel. State Highway Comm’n of Mo. v. Cool’s...
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- Chapter 1 Overview - Source of Power and Missouri Condemnation Procedure
- Section 1 Introduction and Scope of Chapter
- Section 2 Authority to Exercise Power of Eminent Domain
- Section 3 Police Power Distinguished
- Section 4 Delegation of Power
- Section 5 United States Constitution
- Section 6 Missouri Constitution
- Section 7 Taking Solely for Economic Development Prohibited, Statute of Limitations in Redevelopment Cases, and Other Statutory Restrictions
- Section 8 Access to Property Before Condemnation
- Section 9 Jurisdictional and Statutory Prerequisites
- Section 10 Proper Delegation
- Section 11 Necessity
- Section 12 Public Purpose or Public Use
- Section 13 Good-Faith Negotiations
- Section 14 Notice of Intent to Take and Contents of Notice
- Section 15 Request for Alternative Location by Owner in Partial Taking
- Section 16 Requirement of Written Offer Good for Thirty Days
- Section 17 Other Considerations
- Section 18 Condemnation Petition
- Section 19 Parties
- Section 20 Venue and Jurisdiction
- Section 21 Service and Notice of Hearing
- Section 22 Responsive Pleadings and Challenge to Determination of Blight in Redevelopment Cases
- Section 23 Prehearing Discovery
- Section 24 Scope of Hearing and Preferential Setting in Certain Redevelopment Cases
- Section 25 Role of Guardian Ad Litem for Unknown Parties
- Section 26 Appeal of Order of Condemnation
- Section 27 Appointment of Commissioners
- Section 28 Duties of Commissioners, Notice of Viewing, Viewing the Property, Assessment of Damages, and Filing Report
- Section 29 Notice of Commissioners' Report
- Section 30 Increase of Award for Homestead or Heritage Value
- Section 31 Filing of Exceptions
- Section 32 Payment of Award and Notice
- Section 33 Passing of Title and Right to Possession
- Section 34 Determination of Interest in Award and Apportionment
- Section 35 Abandonment of Condemnation Proceedings
- Section 36 Claims by Landowner in Condemnation Action
- Section 37 Right to Jury Trial
- Section 38 Order of Trial and Burden of Proof
- Section 39 Date of Value
- Section 40 Instructions
- Section 41 Verdict
- Section 42 Interest
- Section 43 Constitutional Charter Cities and Counties
- Section 44 Levee and Drainage Districts
- Section 45 Public Utilities
- Section 46 Ways of Necessity and Private Drainage Easements
- Section 47 Authority for Exercise of Power of Eminent Domain
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