Effective - 28 Aug 1959
523.045. Interest on awards payable when — enforcement. — If, within thirty days after the filing of any condemnation commissioners' report under the provisions of section 523.040, the condemnor shall have neither paid the amount of the commissioners' award to the persons named in the petition as owning or claiming any property or rights or to the clerk of the court for such named persons nor timely filed its written election to abandon the proposed appropriation of said property or rights, then interest on the amount of any subsequent verdict for said named persons, or if there be no such verdict, then on the amount of the award, at the rate of six percent per annum from the date of filing the report shall be added to said verdict or award and paid to said named person or to the clerk for them. If, within thirty days after the filing of any such commissioners' report the condemnor shall have paid the amount of any commissioners' award to the persons named in the petition as owning or claiming any property or rights or to the clerk of the court for them and the amount of such award shall be superseded by a subsequent verdict or amount larger than the award paid, then interest on the amount by which such verdict exceeds the award, at the rate of six percent per annum from the date of filing the report, shall be added to the amount of the verdict; but if the amount of the award shall be superseded by a subsequent verdict or amount smaller than the award paid, then judgment shall be entered against said persons named to repay to condemnor the amount by which the award paid exceeds the amount of the verdict, with six percent interest on such excess payment from the date of the payment of the award. If, within thirty days after the filing of any such commissioners' report, the condemnor shall have neither paid the amount of the award to said persons or to the clerk for them nor filed its written election to abandon the appropriation, but shall thereafter timely file such written election to abandon, then the court may, upon motion filed by said persons within ten days after the filing of said election, assess against the condemnor six percent interest on the amount of the award from the date of the filing of the commissioners' report to the date of the filing of such election, enter judgment thereon and enforce payment thereof by execution or other appropriate proceeding.
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(L. 1959 S.B. 248)
(1974) Award of interest on amount of commissioners' award where condemnation was abandoned held proper. Constitutionality of section upheld. Missouri State Park Board v. McDaniel (Mo.), 513 S.W.2d 447.
Structure Missouri Revised Statutes
Title XXXVI - Statutory Actions and Torts
Chapter 523 - Condemnation Proceedings
Section 523.001 - Definitions.
Section 523.020 - Different owners may be joined in one petition.
Section 523.030 - Summons, when to issue, how served — publication.
Section 523.040 - Appointment of commissioners — duties — notice of property viewing.
Section 523.045 - Interest on awards payable when — enforcement.
Section 523.050 - Commissioners' report — notice of filing — review.
Section 523.053 - Distribution of condemnation awards among defendants.
Section 523.055 - Possession of land delivered, when, notice — writ of possession, executed how.
Section 523.061 - Determination of homestead taking and heritage value.
Section 523.070 - Costs, by whom paid.
Section 523.080 - Shall not enter or appropriate dwelling house.
Section 523.090 - Who may have damages ascertained — proceedings.
Section 523.100 - Appropriation of lands of corporations by other corporations.
Section 523.200 - Definitions.
Section 523.210 - Agencies authorized to establish rules and regulations.
Section 523.215 - Not to affect other condemnation compensation.
Section 523.250 - Notice of intended acquisition — mailing requirements.
Section 523.253 - Written offer, requirements — explanation of determination of property value.
Section 523.256 - Good faith negotiation required, findings, remedies.
Section 523.259 - Abandonment of condemnation, remedies — applicability.
Section 523.265 - Alternative locations for condemnation, procedure.
Section 523.277 - Office of ombudsman for property rights.
Section 523.282 - Blanket easements void, when — definitions.
Section 523.286 - Declaration of farmland as blighted prohibited — definition.