Section 40 Instructions

• Library: Condemnation Practice 2009

The sole issue at trial in a condemnation case is the fair market value of the property as of the date of taking. This amount constitutes the landowner’s damages or just compensation as a result of the condemnation. Mandatory instructions for condemnation actions are contained in Missouri Approved Instructions. Bueche v. Kansas City, 492 S.W.2d 835 (Mo. banc 1973).

See the Forms Appendix of this deskbook for standard instructions used in a condemnation case.

When all of the landowner’s property is taken, the measure of damage is the fair market value of the property as of the date of taking. MAI 9.01 [2008 Revision].

In partial-taking...