Missouri Revised Statutes
Chapter 523 - Condemnation Proceedings
Section 523.259 - Abandonment of condemnation, remedies — applicability.

Effective - 28 Aug 2006
523.259. Abandonment of condemnation, remedies — applicability. — 1. If any condemning authority abandons a condemnation, each owner of interests sought to be condemned shall be entitled to recover:
(1) Their reasonable attorneys' fees, expert expenses and costs; and
(2) The lesser of:
(a) The owner's actual damages accruing as a direct and proximate result of the pendency of the condemnation if proven by the owner; or
(b) The damages required to be paid to an owner in the event of an abandonment under the terms of the applicable redevelopment plan or agreement.
­­In the event that the applicable redevelopment plan or agreement is silent as to damages required to be paid to an owner in the event of an abandonment, a court shall order the condemning authority to pay the owner's actual reasonable attorneys' fees and expenses, and shall award damages accruing as a direct and proximate result of the pendency of the condemnation if proven by the landowner.

2. The provisions of this section shall only apply to redevelopment plans or agreements entered into after December 31, 2006.
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(L. 2006 H.B. 1944)

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Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XXXVI - Statutory Actions and Torts

Chapter 523 - Condemnation Proceedings

Section 523.001 - Definitions.

Section 523.010 - Lands may be condemned, when — petition — parties — power of public utility to condemn certain lands, limitation.

Section 523.020 - Different owners may be joined in one petition.

Section 523.025 - Involuntary easement by eminent domain by electrical corporation, financial commitments to project required — failure, remedy.

Section 523.030 - Summons, when to issue, how served — publication.

Section 523.039 - Just compensation for condemned property, amount — agricultural or horticultural property, amount.

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 523.060 - Right of trial by jury in condemnation proceedings — jury responsibility in determining fair market value.

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 523.205 - Relocation assistance given, when — definitions — relocation plans — contents — residential payments — business payments — advance payments — waiver — notice — report — ineligibility for tax abatement, when — additional requirements...

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 523.261 - Legislative determinations of areas to be condemned to be supported by substantial evidence, hearing, appeal.

Section 523.262 - Power of eminent domain limited, how — private entities to have power of eminent domain — notice.

Section 523.265 - Alternative locations for condemnation, procedure.

Section 523.271 - Exercise of eminent domain over private property for economic development purposes prohibited — definition.

Section 523.274 - Consideration of each parcel of property — time limit on commencement of eminent domain acquisitions.

Section 523.277 - Office of ombudsman for property rights.

Section 523.282 - Blanket easements void, when — definitions.

Section 523.283 - Easement or right-of-way by certain entities fixed by use — definition — commissioners appointed by court — attorneys' fees and costs for prevailing property owners.

Section 523.286 - Declaration of farmland as blighted prohibited — definition.