Effective - 28 Aug 1990
88.080. Street grading — assessment of damages, procedure. — 1. In all cases where the proper authorities in any city in this state have graded or regraded, or may hereafter grade or change the grade or lines of any street or alley, or in any way alter or enlarge the same, or construct any public improvement, thereby causing damage to private property for public use, within the meaning of Section 26 of Article I of the State Constitution, without the consent of the owner of such property, or in case they fail to agree with the owner thereof for the proper compensation for the damages so done, or likely to be done or sustained by reason thereof, or if by reason of the legal incapacity of such owner, no such compensation can be agreed upon, the circuit court having jurisdiction over the territory embraced in such city on application by petition, either by the city authorities or the owner of the property for which damage is claimed, or any one on behalf of either, shall appoint three disinterested residents of such city, who shall meet upon the premises at a time by them to be appointed, of which they shall give personal notice to the owners, or their agents, of the land affected, if they can be found, as well as five days' notice by advertisement in the newspaper doing the city printing; and the commissioners, having first been duly sworn to perform their duties justly and impartially, and a true report to make, shall view the street or alley or improvement and premises affected by the change or enlargement or construction thereof, having due regard to and making just allowances for the advantages which have resulted or which may seem likely to result to the owner or owners of property for which damages may be allowed or claimed, and after such comparison shall estimate and determine whether any, and if any, how much damages such property may have sustained, or seems likely to sustain by reason thereof, and make report of the same, and if no exceptions be filed within ten days thereafter, or in the event exceptions are filed and overruled, the court shall confirm the report and enter judgment thereon with costs, from which judgment either or any party shall be entitled to an appeal or writ of error, as in other cases.
2. If the proceedings seek to affect the lands of persons under conservatorship, the conservators must be made parties; if the lands of married persons, their spouses must be made parties; if the possessor of lands to be affected has an estate less than a fee, the person having the next vested estate in remainder or reversion must, if known, be made a party.
It shall not be necessary to make any persons parties in respect to their ownership unless they are in actual possession of the premises to be affected, or have a title to the premises appearing of record.
3. The petition shall set forth the general nature of the work or improvement causing damage to private property for public use as aforesaid, together with all the facts necessary to give the court jurisdiction in the premises, the names of the owners of the several lots or parcels of land to be affected thereby, if known, or if unknown, a correct description of the parcels whose owners are unknown. The petition may be presented to the circuit court.
4. Upon filing the petition a summons shall be issued, giving the defendants at least ten days' notice of the time when the petition will be heard, which summons shall be served in the same manner as writs of summons are or may be by law required to be served. If the name or residence of the defendants, or any of them, be unknown, or if they, or any of them, do not reside within the state, notice of the time of hearing the petition, reciting the substance of the petition, and the day fixed for the hearing thereof, shall be given by publication for four weeks consecutively prior to the time of the hearing of the petition, in the papers doing the city printing, and the court on being satisfied that due notice of the pending of the petition has been given, shall make the above appointment of commissioners.
5. The city authorities shall, before the filing of such petition, define by ordinance the limits within which private property is deemed benefitted by the change, enlargement, grading, regrading or improvement aforesaid, and the owners of the private property within such limits shall be made parties defendants, as provided in this section, and served with notice and process as provided in this section.
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(RSMo 1939 § 7373, A.L. 1945 p. 1306, A.L. 1978 H.B. 1634, A.L. 1983 S.B. 44 & 45, A.L. 1990 H.B. 1070)
Prior revisions: 1929 § 7222; 1919 § 8676; 1909 § 9553
Structure Missouri Revised Statutes
Title VII - Cities, Towns and Villages
Chapter 88 - Public Works and Special Assessments — Condemnation
Section 88.010 - Condemnation of private property.
Section 88.013 - Condemnation of property — petition for appointment of commissioners.
Section 88.017 - Condemnation of property — party defendant.
Section 88.020 - Condemnation of property — summons, how served.
Section 88.023 - Condemnation of property — appointment of commissioners.
Section 88.027 - Condemnation of property — assessment of damages, duties of commissioners.
Section 88.030 - Condemnation of property — commissioners' report.
Section 88.033 - Condemnation of property — filing of exceptions to commissioners' report.
Section 88.037 - Condemnation of property — assessment by jury.
Section 88.040 - Condemnation of property — appeals from judgment.
Section 88.043 - Condemnation of property — payment of assessed damages.
Section 88.047 - Condemnation of property — report of damages.
Section 88.050 - Condemnation of property — confirmation or rejection of report.
Section 88.053 - Condemnation of property — commissioners' compensation, how paid.
Section 88.057 - Condemnation of property — judgment rendered for city.
Section 88.060 - Condemnation of property — assessments a lien — special executions.
Section 88.063 - Condemnation of property — right to take possession after payment of damages.
Section 88.067 - Condemnation of property — change of venue.
Section 88.070 - Condemnation of property — duty of court.
Section 88.073 - Condemnation of property — right to condemn lands.
Section 88.077 - Condemnation of property — condemnation outside city limits.
Section 88.080 - Street grading — assessment of damages, procedure.
Section 88.087 - Street grading — report of commissioners, contents.
Section 88.090 - Street grading — review of commissioners' report.
Section 88.093 - Street grading — cost of proceedings.
Section 88.097 - Street grading — payment of damages.
Section 88.100 - Public improvement — assessment against railroad real property.
Section 88.103 - Tax bill as lien against property, how released.
Section 88.107 - Assessment adjudged invalid — reassessment.
Section 88.110 - Proposed reassessment — hearing of objections.
Section 88.113 - Proposed reassessment — contents of ordinance.
Section 88.117 - New assessment not to exceed old.
Section 88.120 - Ordinance — conclusive.
Section 88.123 - New tax bills issued.
Section 88.127 - Construction of law — limit on frequency of assessment.
Section 88.130 - Expiration of time limit.
Section 88.497 - Condemnation of private property.
Section 88.500 - City tax bills.
Section 88.503 - Appropriation of private property — records of ordinances and proceedings.
Section 88.510 - Assessment of public property — street improvements, how paid — special tax bills.
Section 88.520 - Declaration of necessity for improvement to be published — protests.
Section 88.523 - Certain street improvements — protest, how heard and determined.
Section 88.530 - Improvements, costs — limitations — payment.
Section 88.533 - Condemnation of sidewalks.
Section 88.613 - Lighting of streets.
Section 88.617 - White way system defined.
Section 88.620 - White way system — powers of city council.
Section 88.623 - White way system — further powers of council.
Section 88.627 - White way system — costs, how paid.
Section 88.630 - Public works, governing statutes.
Section 88.633 - Water supply.
Section 88.637 - May open, vacate and improve streets.
Section 88.640 - Sprinkling and cleaning of streets — cost, how assessed.
Section 88.647 - Opening, extending or widening county roads — duty of council as to benefits.
Section 88.653 - Declaration of necessity for improvement.
Section 88.657 - Owners to have thirty days to make improvements.
Section 88.660 - Cost to be assessed proportionally.
Section 88.663 - Special tax bills shall be assignable and collectible.
Section 88.667 - Condemnation of private property.
Section 88.670 - Public improvements — powers.
Section 88.673 - Board may open and vacate streets.
Section 88.677 - Public improvements — cost, how paid.
Section 88.680 - Street improvements — cost, how paid.
Section 88.683 - Street crossing improvements — special assessment.
Section 88.700 - Street improvements — declaration of necessity — taxpayers' protests.
Section 88.703 - Street repairs — cost, how paid.
Section 88.707 - Certain street improvements — protest, how heard and determined.
Section 88.710 - Sidewalk improvements — cost, how paid.
Section 88.713 - Condemnation of sidewalks.
Section 88.743 - County property subject to city ordinances.
Section 88.747 - Improvements, county property — duty of county commission.
Section 88.750 - Procedure upon failure of county commission to make improvements.
Section 88.767 - Sewage reduction device — assessment.
Section 88.773 - Water supply — contracts.
Section 88.777 - Public improvement powers (cities, under 30,000).
Section 88.790 - Assessment of public property — street repairs (cities, under 30,000).
Section 88.797 - Sprinkling and oiling of streets (cities, under 30,000).
Section 88.801 - General sewer system (cities, 10,000 to 30,000).
Section 88.804 - Council may require owners to build or repair sidewalks (cities, under 10,000).
Section 88.806 - Sidewalk improvement (cities, under 10,000).
Section 88.808 - Sidewalk improvement — notice (cities, under 10,000).
Section 88.811 - Limited street improvement costs — special tax bills.
Section 88.818 - Record of tax bills — payment to owner or city — procedure on payment to city.
Section 88.822 - Apportionment of costs of improvement and issuance of tax bills — contents.
Section 88.824 - Costs of improvement to be estimated — contracts not to exceed estimate.
Section 88.826 - Construction of street and sidewalk improvements by city, when — special tax bills.
Section 88.828 - Cost of bringing street to grade included in special assessment for surfacing.
Section 88.832 - General sewer system may be established — special public sewer tax.
Section 88.834 - District sewers — sewers constructed, when — changes.
Section 88.836 - Apportionment of costs of district sewer — levy of tax — tax bills.
Section 88.838 - Joint district sewers, costs, how paid.
Section 88.844 - City may condemn property for sewers.
Section 88.846 - Special tax bills for sewers, validity, how collected.
Section 88.848 - When no bids received, city may construct sewer, tax bills.
Section 88.854 - Special tax bills, how collected — evidence.
Section 88.856 - Action on tax bills, how tried.
Section 88.861 - Special judgment on tax bill, effect — interest rate — parties only bound.
Section 88.863 - Sidewalks — power of city council.
Section 88.870 - Council may regulate building of sidewalks and parkways.
Section 88.873 - Condemnation of sidewalks.
Section 88.877 - Sidewalk maintenance by owner.
Section 88.880 - Sidewalk construction.
Section 88.883 - Sidewalk maintenance by city.
Section 88.887 - Sidewalk districts.
Section 88.890 - Sidewalk improvement — assessments.
Section 88.893 - Sidewalk maintenance — tax bills.
Section 88.897 - Sidewalk improvement — certain tax bills a lien.
Section 88.900 - Sidewalk improvements — assessment of government property.
Section 88.903 - Special tax bills prima facie evidence.
Section 88.907 - Certification of tax bills.
Section 88.910 - Recording of tax bills.
Section 88.913 - Suit to enforce collection of special tax bill.
Section 88.917 - Street grading (cities, 300,000 or over).
Section 88.920 - Street grading — damages and benefits (cities, 300,000 or over).
Section 88.923 - Notice of suit on special tax bills (cities, 300,000 or over).
Section 88.927 - Limiting lien on special tax bills (cities, 300,000 or over).
Section 88.930 - Condemnation of property (cities, 150,000 to 500,000).
Section 88.940 - City improvements — contracts.
Section 88.950 - Special benefit parking districts — condemnation, procedure.