Section 6 Tripartite Rule of Unity

• Library: Condemnation Practice 2009

Unity of both use and ownership is necessary to recover damages to property not taken. City of Lake Ozark v. Campbell, 745 S.W.2d 799 (Mo. App. S.D. 1988). In Kansas City v. Stith, 409 S.W.2d 193 (Mo. 1966), a mere unity of use, without unity of ownership, would not support a claim of special value. State ex rel. Missouri Highway & Transportation Commission v. Meramec Valley Elevator, Inc., 764 S.W.2d 507 (Mo. App. E.D. 1989), upheld the requirement of unity of use and unity of ownership to recover damages...