Section 4 Statutory Distribution Procedure

• Library: Condemnation Practice 2009

Once the one lump-sum award, as discussed in §6.3 above, is made by the commissioners, the commissioners’ report is filed, and the commissioners’ award in accordance with that report is paid by the condemning authority, defendants will receive a notice of payment of the award from the clerk of the participating circuit court. See § 523.055, RSMo Supp. 2008. At that time, the defendants have a right to ask the court to distribute the award to the proper parties claiming an interest in the subject property.

The distribution of the commissioners’ award among defendants is governed by § 523.053, RSMo 2000 (emphasis added to designate portions of the statute discussed further in §§6.5–6.17 below):

1. Within thirty days after the commissioners’ award...