Section 7 Petition

• Library: Condemnation Practice 2009

Once all of the pre-suit requirements have been met, the condemning authority can proceed with filing the condemnation petition. Rule 86.04 requires that the condemnation petition contain, among other things:

• a description of the property or right that the condemning authority seeks to acquire, use, or extinguish

• the names of the owners of the property, if known, or, if unknown, a statement that the owners are unknown

• a statement of the foundation of the plaintiff’s right to condemn the property at issue, such as the empowering constitutional provision, statute, or ordinance

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