Section 8 Access to Property Before Condemnation

• Library: Condemnation Practice 2009

In many circumstances, it is necessary or desirable for a condemnor to have access to the property to be acquired before the institution of a condemnation action. Indeed, in regard to land surveying, Missouri courts have ruled that "pre-condemnation surveying is not only necessary to the exercise of the right of eminent domain, it is a part of eminent domain." State ex rel. Rhodes v. Crouch, 621 S.W.2d 47, 48 (Mo. banc 1981). Rule 86.04 provides that, in all cases, a petition for condemnation "shall contain a description of the property or right sought to be taken." The Supreme Court of Missouri has held that the condemnor must describe the land to be acquired "with such particularity that the owner can, without too much difficulty ascertain exactly what is being taken. . . ." Crouch, 621 S.W.2d at 48 (citing State...