Section 9 Sale of Rights or Interests in Property After Condemnation

• Library: Condemnation Practice 2009

Any action for damages under the theory of eminent domain accrues to the owner of the property at the time of the taking. Thus, a subsequent owner is not a necessary party to this action and is subject to the rights of the condemnor when the property was purchased with knowledge of these rights. Barr v. KAMO Elec. Corp., Inc., 648 S.W.2d 616 (Mo. App. W.D. 1983). Likewise, a damage claim will not pass to the grantees of land if the statute of limitations for an inverse condemnation has run. Rose v. City of Riverside, 827 S.W.2d 737 (Mo. App. W.D. 1992).

When a condemnor acquires fee simple title to the land condemned, any outstanding right of redemption by the payment of back taxes by the delinquent taxpayer is extinguished. Leistner v. Powell, 748 S.W.2d 822 (Mo. App. E.D. 1988). Thus, the purchasers of the property at the tax sale become owners of the property, entitling them to compensation. Id...