Effective - 28 Aug 2006
523.055. Possession of land delivered, when, notice — writ of possession, executed how. — In any action to condemn lands under the power of eminent domain, where the condemnor has paid into the office of the clerk of the circuit court the amount of damages assessed by commissioners pursuant to law, the circuit clerk shall give the owners or those in possession written notice of such fact within five days. If the owners or those in possession do not deliver possession of the property condemned within ten days after the receipt of notice of the payment of the award, then on the request of the condemnor the court shall issue a writ of possession directing the sheriff to deliver the possession of such property to the condemnor forthwith; except that the court may upon the motion of the occupants or owners grant them such extension of time, not to exceed ninety days, as the court finds to be reasonable under all the circumstances. However, any displaced owner of a principal place of residence shall have one hundred days from the date of the award. The writ of possession shall be executed in the manner provided by law for the execution of writs of possession in ejectment suits for the recovery of land. If a writ of possession is issued or a motion filed asking for an extension, then all costs accrued in executing the writ and in the hearing of the motion may be assessed against the said owners.
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(L. 1959 S.B. 133 § 1, A.L. 2006 H.B. 1944)
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.