Section 7 Trial
| Library | Condemnation Practice 2009 |
The defendant property owner has the burden of proof in eminent domain trials. The landowner presents its evidence first and carries the burden to establish damages. City of St. Louis v. Kisling, 318 S.W.2d 221 (Mo. 1958); State ex rel. Mo. Highway & Transp. Comm’n v. Union Terminal Ry. Co., 633 S.W.2d 429 (Mo. App. W.D. 1982); MAI 9.03 [2008 New]. But see State ex rel. State Highway Comm’n v. Cady, 372 S.W.2d 639 (Mo. App. W.D. 1963)...
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