Section 8 Doctrine of Lis Pendens

• Library: Condemnation Practice 2009

Any interest obtained from a fee owner after the commencement of condemnation proceedings is taken subject to the outcome of the proceedings and is bound by the doctrine of lis pendens. Millhouse v. Drainage Dist. No. 48 of Dunklin County, 304 S.W.2d 54, 58 (Mo. App. S.D. 1957). The Millhouse court relied on Missouri State Life Ins. Co. v. Russ, 214 S.W. 860 (Mo. 1919), which held that when the underlying action is based solely on legal principles, as distinguished from equitable principles, the common-law...