Section 4 Parties Entitled to Originate Inverse Condemnation Action

• Library: Condemnation Practice 2009

If an entity that has condemning authority files what appears
to be an inverse condemnation, i.e., a project is already in place, this would be treated as a belated normal condemnation. A condemning authority that is sued in inverse cannot convert the action to a statutory condemnation or use normal condemnation procedures, such as requiring the appointment of commissioners. State ex rel. Metro. St. Louis Sewer Dist. v. Hoester, 661 S.W.2d 819 (Mo. App. E.D. 1983) (citing Harris v. L.P.&H. Constr. Co., 441 S.W.2d 377 (Mo. App. E.D. 1969)). In cases dealing with the use of land in violation of subdivision restrictions, authorities were given the opportunity to file condemnation proceedings before the institution of equitable remedies. Britton v. Sch. Dist. of Univ. City, 44 S.W.2d 33 (Mo. 1931); London v. Handicapped Facilities Bd. of St. Charles County, 637 S.W.2d 212 (Mo. App. E.D. 1982).

Hamer v. State Highway Commission, 304 S.W.2d 869, 871 (Mo. 1957) (citation omitted), provides perhaps the best answer to the question “who can originate,” stating:

While it is not always necessary that there be an actual physical taking of any part of property in order to have a taking or damaging thereof within the meaning of Art. I, §...