Effective - 28 Aug 2006
523.250. Notice of intended acquisition — mailing requirements. — 1. At least sixty days before filing of a condemnation petition seeking to acquire an interest in real property, the condemning authority shall provide the owner of record of such property with a written notice concerning the intended acquisition. Such notice shall include:
(1) Identification of the interest in real property to be acquired and a statement of the legal description or commonly known location of the property;
(2) The purpose or purposes for which the property is to be acquired;
(3) A statement that the property owner has the right to:
(a) Seek legal counsel at the owner's expense;
(b) Make a counteroffer and engage in further negotiations;
(c) Obtain such owner's own appraisal of just compensation;
(d) Have just compensation determined preliminarily by court-appointed condemnation commissioners and, ultimately, by a jury;
(e) Seek assistance from the office of the ombudsman for property rights created under section 523.277;
(f) Contest the right to condemn in the condemnation proceeding; and
(g) Exercise the rights to request vacation of an easement under the procedures and circumstances provided for in section 527.188.
An owner may waive the requirements of this subsection prescribed above in a writing executed by the owner.
2. The written notice required by this section shall be deposited in the United States mail, certified or registered, and with postage prepaid, addressed to the owner of record as listed in the office of the city or county assessor for the city or county in which the property is located. The receipt issued to the condemning authority by the United States Post Office for certified or registered mail shall constitute proof of compliance with this notice requirement; provided, however, that nothing in this section shall preclude a condemning authority from proving compliance with this notice requirement by other competent evidence.
--------
(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.