Section 9 Jurisdictional and Statutory Prerequisites

• Library: Condemnation Practice 2009

Condemnation proceedings are sui generis and are governed exclusively by Chapter 523, RSMo, and Rule 86 of the Rules of Civil Procedure. Ark.-Mo. Power Co. v. Hamlin, 288 S.W.2d 14 (Mo. App. S.D. 1956); State ex rel. Wash. Univ. Med. Ctr. Redevelopment Corp. v. Gaertner, 626 S.W.2d 373 (Mo. banc 1982); State ex rel. Mo. Highway & Transp. Comm’n v. Bush, 911 S.W.2d 690 (Mo. App. E.D. 1995). The other Rules of Civil Procedure only apply to the condemnation proceedings when consistent with Rule 86 and when necessary to fill gaps and expedite the proceedings. Gaertner, 626 S.W.2d at 377.

As noted in §1.1 above, the first step in the condemnation process, as contemplated by Chapter 523 and Rule 86, is an evidentiary hearing to determine whether the condemnor has the right to condemn the property in question.

In most instances, the determination of whether the condemner has the right to condemn the property raises four areas of inquiry:

1. The validity of the delegation of the power of eminent domain to the condemnor

2. Whether the taking is necessary

3. Whether the property is being taken for a public use or purpose

4. Whether the condemning authority has engaged in good-faith negotiations to acquire the property before filing the petition for condemnation

In the appropriate case, it is also possible to challenge the finding of “blight” when the elimination of blight is...