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SECOND REGULAR SESSION
HOUSE BILL NO. 3375
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE COSTLOW .
7316H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal sections 523.001, 523.010, 523.020, 523.030, 523.039, 523.040, 523.250, 523.253,
523.256, and 523.265, RSMo, and section 523.061 as enacted by house bill no. 1606,
one hundred first general assembly , second regular session, and section 523.061 as
enacted by house bill no. 1944, ninety-third general assembly , second regular session,
and to enact in lieu thereof eleven new sections relating to condemnation proceedings,
with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 523.001, 523.010, 523.020, 523.030, 523.039, 523.040, 523.250,
2 523.253, 523.256, and 523.265, RSMo, and section 523.061 as enacted by house bill no.
3 1606, one hundred first general assembly , second regular session, and section 523.061 as
4 enacted by house bill no. 1944, ninety-third general assembly , second regular session, are
5 repealed and eleven new sections enacted in lieu thereof, to be known as sections 523.001,
6 523.010, 523.015, 523.030, 523.039, 523.040, 523.061, 523.250, 523.253, 523.256, and
7 523.265, to read as follows:
523.001. For the purposes of this chapter , the following terms shall mean:
2 (1) "Beginning farmer or rancher", an individual or entity who:
3 (a) Has not operated a farm or ranch, or who has operated a farm or ranch for
4 not mor e than ten consecutive years. The requ irem ent of this paragraph applies to all
5 members of an entity;
6 (b) Participates in the operation of the farm or ranch; and
7 (c) Is a res ident of this state;
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
8 (2) "Beginning farmer taking", any taking of any agricultural or horticultural
9 pr operty owned by a prop erty owner qualified as a beginning farmer or rancher;
10 (3) "Fair market value", the value of the property taken after considering comparable
11 sales in the area, capitalization of income, and replacement cost less depreciation, singularly
12 or in combination, as appropriate, and additionally considering the value of the property
13 based upon its highest and best use, using generally accepted appraisal practices. If less than
14 the entire property is taken, fair market value shall mean the dif ference between the fair
15 market value of the entire property immediately prior to the taking and the fair market value
16 of the remaining or burdened property immediately after the taking , including consideration
17 of the damage the condemning authority's pr oposed use of the condemned pr operty
18 shall cause to the rem aining or burdened pr operty if such pr oposed use of the
19 condemned pr operty r educes the value of the rem aining or burdened pr operty . The
20 term "fair market value" shall not include any incr ease in the value of the rem aining or
21 burdened pr operty caused by the condemning authority's pr oposed use of the
22 condemned pr operty ;
23 [ (2) ] (4) "Heritage value", the value assigned to any real property , including but not
24 limited to real property owned by a business enterprise with fewer than one hundred
25 employees, that has been owned within the same family for fifty or more years, such value to
26 be [ fifty ] twenty percent of fair market value;
27 [ (3) ] (5) "Homestead taking", any taking of a dwelling owned by the property owner
28 and functioning as the owner's primary place of residence or any taking of the owner's
29 property within three hundred feet of the owner's primary place of residence [ that prevents the
30 owner from utilizing the property in substantially the same manner as it is currently being
31 utilized ].
523.010. 1. In case land, or other property , is sought to be appropriated by any road,
2 railroad, street railway , telephone, telegraph or any electrical corporation or ganized for the
3 manufacture or transmission of electric current for light, heat or power , including the
4 construction, when that is the case, of necessary dams and appurtenant canals, flumes, tunnels
5 and tailraces and including the erection, when that is the case, of necessary electric steam
6 powerhouses, hydroelectric powerhouses and electric substations or any oil, pipeline or gas
7 corporation engaged in the business of transporting or carrying oil, liquid fertilizer solutions,
8 or gas by means of pipes or pipelines laid underneath the surface of the ground, or other
9 corporation created under the laws of this state for public use, and such corporation and the
10 owners cannot agree upon the proper compensation to be paid, or in the case the owner is
11 incapable of contracting, be unknown, or be a nonresident of the state, such corporation may
12 apply to the circuit court of the county of this state where such land or any part thereof lies by
13 petition setting forth the general directions in which it is desired to construct its road, railroad,
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14 street railway , telephone, or telegraph line or electric line, including, when that is the case, the
15 construction and maintenance of necessary dams and appurtenant canals, tunnels, flumes and
16 tailraces and, when that is the case, the appropriation of land submer ged by the construction
17 of such dam, and including the erection and maintenance, when that is the case, of necessary
18 electric steam powerhouses, hydroelectric powerhouses and electric substations, or oil,
19 pipeline, liquid fertilizer solution pipeline, or gas line over or underneath the surface of such
20 lands, a description of the real estate, or other property , which the company seeks to acquire;
21 the names of the owners thereof, if known; or if unknown, a pertinent description of the
22 property whose owners are unknown and praying the appointment of three disinterested
23 residents of the county , as commissioners, or a jury , to assess the damages which such owners
24 may severally sustain in consequence of the establishment, erection and maintenance of such
25 road, railroad, street railway , telephone, telegraph line, or electrical line including damages
26 from the construction and maintenance of necessary dams and the condemnation of land
27 submer ged thereby , and the construction and maintenance of appurtenant canals, flumes,
28 tunnels and tailraces and the erection and maintenance of necessary electric steam
29 powerhouses, hydroelectric powerhouses and electric substations, or oil, pipeline, or gas
30 line over or underneath the surface of such lands; to which petition the owners of any or all as
31 the plaintif f may elect of such parcels as lie within the county or circuit may be made parties
32 defendant by names if the names are known, and by the description of the unknown owners of
33 the land therein described if their names are unknown.
34 2. If the proceedings seek to af fect the lands of persons under conservatorship, the
35 conservators must be made parties defendant. If the present owner of any land to be af fected
36 has less estate than a fee, the person having the next vested estate in remainder may at the
37 option of the petitioners be made party defendant; but if such remaindermen are not made
38 parties, their interest shall not be bound by the proceedings.
39 3. It shall not be necessary to make any persons party defendants in respect to their
40 ownership unless they are either in actual possession of the premises to be af fected claiming
41 title or having a title of the premises appearing of record upon the proper records of the
42 county .
43 4. Except as provided in subsection 5 of this section, nothing in this chapter shall be
44 construed to give a public utility , as defined in section 386.020, or a rural electric cooperative,
45 as provided in chapter 394, the power to condemn property which is currently used by another
46 provider of public utility service, including a municipality or a special purpose district, when
47 such property is used or useful in providing utility services, if the public utility or cooperative
48 seeking to condemn such property , directly or indirectly , will use or proposes to use the
49 property for the same purpose, or a purpose substantially similar to the purpose for which the
50 property is being used by the provider of the public utility service.
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51 5. A public utility or a rural electric cooperative may only condemn the property of
52 another provider of public utility service, even if the property is used or useful in providing
53 utility services by such provider , if the condemnation is necessary for the public purpose of
54 acquiring a nonexclusive easement or right-of-way across the property of such provider and
55 only if the acquisition will not materially impair or interfere with the current use of such
56 property by the utility or cooperative and will not prevent or materially impair such provider
57 of public utility service from any future expansion of its facilities on such property .
58 6. If a public utility or rural electric cooperative seeks to condemn the property of
59 another provider of public utility service, and the conditions in subsection 4 of this section do
60 not apply , this section does not limit the condemnation powers otherwise possessed by such
61 public utility or rural electric cooperative.
62 7. Suits in inverse condemnation or involving dangerous conditions of public
63 property against a municipal corporation established under Article VI, Section 30(a) of the
64 Missouri Constitution shall be brought only in the county where such land or any part thereof
65 lies.
66 8. For purposes of this chapter , the authority for an electrical corporation as defined in
67 section 386.020, except for an electrical corporation operating under a cooperative business
68 plan as described in section 393.1 10, to condemn property for purposes of constructing an
69 electric plant subject to a certificate of public convenience and necessity under subsection 1
70 of section 393.170 shall not extend to the construction of a merchant transmission line with
71 Federal Ener gy Regulatory Commission negotiated rate authority unless such line has a
72 substation or converter station located in Missouri which is capable of delivering an amount
73 of its electrical capacity to electrical customers in this state that is greater than or equal to the
74 proportionate number of miles of the line that passes through the state. The provisions of this
75 subsection shall not apply to applications filed pursuant to section 393.170 prior to August 28,
76 2022.
77 9. For the purposes of this chapter , the authority of any corporation set forth in
78 subsection 1 of this section to condemn prop erty shall not extend to:
79 (1) The construction or er ection of any plant, tower , panel, or facility that
80 utilizes, capture s, or converts wind or air curren ts to generate or manufactur e
81 electricity; or
82 (2) The construction or er ection of any plant, tower , panel, or facility that
83 utilizes, captur es, or converts the light or heat generated by the sun to generate or
84 manufactur e electricity .
523.015 . 1. Any corporation, political subdivision, cooperative, or person with
2 the authority to condemn pr operty pursuant to this chapter or any other pro vision of
3 law shall give the owner of any pr operty at least fifteen days written notice that
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4 surveyors employed by the condemning corporation, political subdivision, cooperative,
5 or person will enter the pr operty pr oposed to be condemned for any surveying.
6 2. If any corporation, political subdivision, cooperative, or person with the
7 authority to condemn pr operty pursuant to this chapter or any other prov ision of law
8 acquir es any easement in this state by voluntary means or by condemnation, such
9 corporation, political subdivision, cooperative, or person shall give at least five days
10 written notice that such corporation, political subdivision, cooperative, or person, or its
11 agents or employees, will enter upon the easement before entering such easement unless
12 such corporation, political subdivision, cooperative, or person has to enter onto such
13 pr operty in an emergency to make r epairs to avoid or rem edy disruptions of utility
14 service, or to pr event any thr eat to the life or pr operty of any person.
15 3. If any corporation, political subdivision, cooperative, or person with the
16 authority to condemn pr operty pursuant to this chapter or any other prov ision of law
17 acquir es any easement in this state by voluntary means or by condemnation, and
18 subsequently cuts or destr oys any tre es or vegetation upon or within the easement, such
19 corporation, political subdivision, cooperative, or person shall, at its own expense,
20 entir ely r emove all such tr ees or vegetation fr om the easement unless otherwise agr eed
21 in writing with the owner of the fee over which the easement exists.
22 4. If any corporation, political subdivision, cooperative, or person with the
23 authority to condemn pr operty pursuant to this chapter or any other prov ision of law
24 acquir es any easement in this state by voluntary means or by condemnation, and
25 subsequently cuts or destr oys any tre es or vegetation upon or within the easement, such
26 corporation, political subdivision, cooperative, or person shall, at its own expense,
27 r emove or grind all stumps in the easement to at least thr ee inches in depth below the
28 gr ound surface unless otherwise agreed in writing with the owner of the fee over which
29 the easement exists.
30 5. If any corporation, political subdivision, cooperative, or person with the
31 authority to condemn pr operty pursuant to this chapter or any other prov ision of law
32 acquir es any easement in this state by voluntary means or by condemnation, and
33 subsequently disturbs, causes damage by equipment or machinery , or re moves any tr ee,
34 vegetation, grass, earthwork, or terrace within the easement, or crea tes or causes any
35 ruts, such corporation, political subdivision, cooperative, or person shall, at its own
36 expense, repai r and res eed any barr en ar ea utilizing best practices for eros ion control as
37 set forth by the Missouri soil and water commission unless otherwise agr eed in writing
38 with the owner of the fee over which the easement exists.
39 6. If any corporation, political subdivision, cooperative, or person with the
40 authority to condemn pr operty pursuant to this chapter or any other prov ision of law
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41 acquir es any easement in this state by voluntary means or by condemnation, and
42 subsequently abandons or ceases to utilize or maintain any plant, pipe, line, tower , or
43 any other facility built upon such easement, such corporation, political subdivision,
44 cooperative, or person shall, at its own expense, rem ove fr om the prop erty all above
45 gr ound components of such plant, pipe, line, tower , or any other facility , and shall rep air
46 and rese ed any barr en ar ea utilizing best practices for eros ion control as set forth by the
47 Missouri soil and water commission unless otherwise agr eed in writing with the owner
48 of the fee over which the easement exists.
49 7. If any corporation, political subdivision, cooperative, or person with the
50 authority to condemn pr operty pursuant to this chapter or any other prov ision of law
51 acquir es any easement in this state by voluntary means or by condemnation, and
52 subsequently abandons or ceases to utilize or maintain any plant, pipe, line, tower , or
53 any other facility built upon such easement, such corporation, political subdivision,
54 cooperative, or person shall, at its own expense, rem ove fr om the pr operty all
55 components of such plant, pipe, line, tower , or any other facility located at thr ee feet of
56 depth or less below groun d, and shall repai r and res eed any barr en ar ea utilizing best
57 practices for er osion contr ol as set forth by the Missouri soil and water commission
58 unless otherwise agr eed in writing with the owner of the fee over which the easement
59 exists.
60 8. If any corporation, political subdivision, cooperative, or person with the
61 authority to condemn pr operty pursuant to this chapter or any other prov ision of law
62 acquir es any easement in this state by voluntary means or by condemnation, and
63 subsequently disturbs, causes damage to, or rem oves any fence, or portion ther eof,
64 owned by the pr operty owner to access the easement area, such corporation, political
65 subdivision, cooperative, or person shall, at its own expense, rep air the fence to a lawful
66 state to comply with chapter 272 unless otherwise agr eed in writing with the owner of
67 the fee over which the easement exists.
68 9. Any corporation, political subdivision, cooperative, or person with the
69 authority to condemn pr operty pursuant to this chapter or any other prov ision of law
70 that violates in any material res pect the pr ovisions of this section shall be liable to the
71 owner of the pr operty over which such corporation, political subdivision, cooperative,
72 or person holds an easement for a civil penalty of up to one thousand dollars for each
73 violation for each day such violation persists, except that the maximum penalty for
74 violation of the pro visions of this section shall not exceed one hundre d thousand dollars
75 for any rel ated series of violations. An action to recove r such civil penalty may be
76 br ought by any aggrieved owner of the prop erty over which an easement exists, or by
77 the attorney general or by a pr osecuting attorney or circui t attorney on behalf of any
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78 aggrieved owner of the pr operty over which an easement exists, in the cir cuit court of
79 the county where such prop erty is located.
80 10. Any aggrieved owner of the pro perty over which an easement exists, or the
81 attorney general or a pr osecuting attorney or cir cuit attorney , may bring an action in
82 the circu it court of the county wher e such prop erty is located for equitable relief to
83 r edress or restrain a violation by any corporation, political subdivision, cooperative, or
84 person of any pr ovision of this section. The court may grant such re lief as is necessary
85 or appr opriate, including mandatory or pr ohibitive injunctive re lief, temporary or
86 permanent.
87 1 1. As used in this section, the term "political subdivision" means:
88 (1) Any agency or unit of this state;
89 (2) Any county of this state;
90 (3) Any municipality of this state;
91 (4) Any agency or unit authorized to levy taxes or empowered to cause taxes to
92 be levied that now is, or her eafter shall be, authorized to acquire pro perty by eminent
93 domain;
94 (5) T ownships, cities, towns, villages, schools, road s, drainage, sewers, and levee
95 districts, and any other public subdivision, public corporation, or public quasi-
96 corporation having the power to tax; or
97 (6) Any other entity empowered to exer cise eminent domain authority pursuant
98 to this chapter or any other pr ovision of law .
523.030. 1. Upon the filing of the petition, a summons shall be issued, giving such
2 owner at least [ ten ] sixty days' notice fr om the date of the service of such petition of the
3 time when said petition will be heard, which summons shall be served by the sheriff of the
4 county , in the same manner as writs of summons are or may be by law required to be served.
5 Such petition shall not be heard less than sixty days fr om the date such summons is
6 served. If the name or residence of the owner is unknown, or if the owners, or any of them,
7 do not reside within the state, notice of the time of hearing the petition, reciting the substance
8 of the petition and the day fixed for the hearing thereof, shall be given by publication once
9 each week for three consecutive weeks prior to the time of hearing the petition, in a
10 newspaper published in the county in which the proceedings are pending, if one is published
11 in the county , or if no newspaper is published in the county , or the publisher shall refuse to
12 publish the same on tender of his usual char ges for advertising, then by posting up said notice
13 for three consecutive weeks at the door of the courthouse of the county wherein the lands or
14 any portion of them lie.
15 2. Upon service of the summons as set forth in subsection 1 of this section, the
16 owner served shall have thirty days after the date of service of the summons to answer
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17 the petition by affirmation or denial of the assertions set forth ther ein and assert all
18 available affirmative defenses. The owner may assert affirmative defenses for fraud,
19 bad faith, lack of statutory authority and against any ultra vires or legally unauthorized
20 act or omission by the condemning authority and shall have the standing to assert and
21 pr osecute claims for the same. If the owner answers or sets forth affirmative defenses to
22 the petition, all rights of full discovery shall be afforded to the parties as those set forth
23 for civil cases under the Missouri suprem e court rules of civil pr ocedur e.
24 3. Failur e of the owner to answer the petition pursuant to subsection 2 of this
25 section within thirty days of service of the summons shall not be deemed a default of the
26 owner's rights to a hearing pursuant to this section and section 523.040.
27 4. At the initial hearing of the petition as set forth in the summons req uire d by
28 this section, the condemning authority shall have the burden to pr ove by clear and
29 convincing evidence that the condemning authority has the statutory authority to
30 condemn the pr operty at issue in such petition and that such condemning authority has
31 followed its own enacting and empowering statutes, rules, and bylaws in pursuing
32 condemnation of the owner's pr operty .
33 5. This chapter shall be liberally construed in favor of the private pr operty
34 owner and against condemning authorities.
523.039. 1. In all eminent domain proceedings filed after December 31, 2006, just
2 compensation for condemned property shall be determined under one of the three following
3 subdivisions, whichever yields the highest compensation, as applicable to the particular type
4 of property and taking:
5 (1) An amount equivalent to the fair market value of such property , plus
6 compensation equal to the amount of any federal, state, or local taxes owed by the owner
7 of the condemned pr operty as consequence of the eminent domain pr oceeding,
8 including, but not limited to, all capital gains tax ;
9 (2) For condemnations that result in a homestead taking, an amount equivalent to the
10 fair market value of such property multiplied by one hundred twenty-five percent , plus
11 compensation equal to the amount of any federal, state, or local taxes owed by the owner
12 of the condemned pr operty as consequence of the eminent domain pr oceeding,
13 including, but not limited to, all capital gains tax ; [ or ]
14 (3) For condemnations of property [ that result in any taking that prevents the owner
15 from utilizing property in substantially the same manner as it was currently being utilized on
16 the day of the taking and ] involving property owned within the same family for [ fifty ] twenty
17 or more years, an amount equivalent to the sum of the fair market value and heritage value ,
18 plus compensation equal to the amount of any federal, state, or local taxes owed by the
19 owner of the condemned prop erty as consequence of the eminent domain pr oceeding,
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20 including, but not limited to, all capital gains tax . For the purposes of this subdivision,
21 family ownership of property may be established through evidence of ownership by children,
22 grandchildren, siblings, or nephews or nieces of the family member owning the property fifty
23 years prior to the taking; and in addition, may be established through marriage or adoption by
24 such family members. If any entity owns the real property , members of the family shall have
25 an ownership interest in more than fifty percent of the entity in order to be within the family
26 line of ownership for the purposes of this subdivision. The property owner shall have the
27 burden of proving to the commissioners or court that the property has been owned within the
28 same family for fifty or more years ; or
29 (4) For condemnations that r esult in a beginning farmer taking, an amount
30 equivalent to the fair market value of such prop erty multiplied by one hundr ed twenty-
31 five percen t plus compensation equal to the amount of any federal, state, or local taxes
32 owed by the owner of the condemned pr operty as consequence of the eminent domain
33 pr oceeding, including, but not limited to, all capital gains tax .
34 2. For eminent domain proceedings of any agricultural or horticultural property by an
35 electrical corporation as defined in section 386.020, except for an electrical corporation
36 operating under a cooperative business plan as described in section 393.1 10, for the purposes
37 of constructing an electric plant subject to a certificate of convenience and necessity under
38 subsection 1 of section 393.170 just compensation shall be an amount equivalent to fair
39 market value multiplied by one hundred fifty percent, as determined by the court , plus
40 compensation equal to the amount of any federal, state, or local taxes owed by the owner
41 of the condemned pr operty as consequence of the eminent domain pr oceeding,
42 including, but not limited to, all capital gains tax . The provisions of this subsection shall
43 not apply to applications filed pursuant to section 393.170 prior to August 28, 2022.
523.040. 1. The court, or judge thereof in vacation, on being satisfied that due notice
2 of the pendency of the petition has been given, and that the condemning authority has
3 pr oven by clear and convincing evidence that the condemning authority has the
4 statutory authority to condemn the pr operty at issue in such petition and that such
5 condemning authority has followed its own enacting and empowering statutes, rules,
6 and bylaws in pursuing condemnation of the owner's prop erty as set forth in section
7 523.030, shall appoint three disinterested commissioners, who shall be residents of the county
8 in which the real estate or a part thereof is situated, and in any city not within a county , any
9 county with a charter form of government and with more than one million inhabitants, or any
10 county with a charter form of government and with more than six hundred thousand but fewer
11 than seven hundred thousand inhabitants at least one of the commissioners shall be either a
12 licensed real estate broker or a state-licensed or state-certified real estate appraiser , to assess
13 the damages which the owners may severally sustain by reason of such appropriation, who,
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14 within forty-five days after appointment by the court, which forty-five days may be extended
15 by the court to a date certain with good cause shown, after applying the definition of fair
16 market value contained in subdivision (1) of section 523.001, and after having viewed the
17 property , shall return to the clerk of such court, under oath, their report in duplicate of such
18 assessment of damages, setting forth the amount of damages allowed to the person or persons
19 named as owning or claiming the tract of land condemned, and should more than one tract be
20 condemned in the petition, then the damages allowed to the owner , owners, claimant or
21 claimants of each tract, respectively , shall be stated separately , together with a specific
22 description of the tracts for which such damages are assessed; and the clerk shall file one copy
23 of said report in his office and record the same in the order book of the court, and he shall
24 deliver the other copy , duly certified by him, to the recorder of deeds of the county where the
25 land lies (or to the recorder of deeds of the City of St. Louis, if the land lies in said city) who
26 shall record the same in his of fice, and index each tract separately as provided in section
27 59.440, and the fee for so recording shall be taxed by the clerk as costs in the proceedings;
28 and thereupon such company shall pay to the clerk the amount thus assessed for the party in
29 whose favor such damages have been assessed; and on making such payment it shall be
30 lawful for such company to hold the interest in the property so appropriated for the uses
31 prescribed in this section; and upon failure to pay the assessment, the court may , upon motion
32 and notice by the party entitled to such damages, enforce the payment of the same by
33 execution, unless the said company shall, within ten days from the return of such assessment,
34 elect to abandon the proposed appropriation of any parcel of land, by an instrument in writing
35 to that ef fect, to be filed with the clerk of the court, and entered on the minutes of the court,
36 and as to so much as is thus abandoned, the assessment of damages shall be void.
37 2. Prior to the issuance of any report under subsection 1 of this section, a
38 commissioner shall notify all parties named in the condemnation petition no less than ten days
39 prior to the commissioners' viewing of the property of the named parties' opportunity to
40 accompany the commissioners on the commissioners' viewing of the property and of the
41 named parties' opportunity to present information to the commissioners.
42 3. The commissioners shall view the property , hear ar guments, and review other
43 relevant information that may be of fered by the parties.
44 4. In any eminent domain proceeding involving agricultural or horticultural property ,
45 for purposes of constructing an electric plant subject to a certificate of convenience and
46 necessity under subsection 1 of section 393.170 at least one of the disinterested
47 commissioners appointed by the court shall be a farmer who has been engaged in farming,
48 as defined in section 350.010, for a minimum of ten years in the county where such property
49 is situated. The provisions of this subsection shall not apply to applications filed pursuant to
50 section 393.170 prior to August 28, 2022.
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[ 523.061 . After the filing of the commissioners' report pursuant to
2 section 523.040, the circuit judge presiding over the condemnation proceeding
3 shall apply the provisions of section 523.039 and shall determine whether a
4 homestead taking has occurred and shall determine whether heritage value is
5 payable and shall increase the commissioners' award to provide for the
6 additional compensation due where a homestead taking occurs or where
7 heritage value applies, in accordance with the just compensation provisions of
8 section 523.039. If a jury trial of exceptions occurs under section 523.060 and
9 the circuit judge presiding over the condemnation proceeding has determined
10 that a homestead taking has occurred or heritage value is payable, the circuit
11 judge presiding over the condemnation proceeding shall apply the provisions
12 of section 523.039 and shall increase the jury verdict to provide for the
13 additional compensation due where a homestead taking occurs or where
14 heritage value applies, in accordance with the just compensation provisions of
15 section 523.039. Notwithstanding any other provision of law in sections
16 523.001 to 523.286 to the contrary , a circuit judge who determines that
17 heritage value is payable as provided in this section shall not increase the
18 commissioners' award or jury verdict to provide for the additional
1 9 compensation due where heritage value applies if the plaintif f is a city ,
20 town, or village that is incorporated in accordance with the laws of this state
21 and the plaintif f moves for exclusion of the heritage value and shows after an
22 evidentiary hearing by a preponderance of the evidence that the property taken
23 has been:
24 (1) Abandoned;
25 (2) Declared a nuisance and been ordered to be vacated;
26 (3) Demolished or repaired after notice and hearing; or
27 (4) Materially and negatively contributed to a blighted area as that
28 term is defined in section 99.805. ]
523.061. After the filing of the commissioners' report pursuant to section 523.040, the
2 circuit judge presiding over the condemnation proceeding shall apply the provisions of
3 section 523.039 and shall determine whether a homestead taking or beginning farmer
4 taking has occurred and shall determine whether heritage value is payable and shall increase
5 the commissioners' award to provide for the additional compensation due where a homestead
6 taking or beginning farmer taking occurs or where heritage value applies, in accordance
7 with the just compensation provisions of section 523.039. If a jury trial of exceptions occurs
8 under section 523.060 and the cir cuit judge pr esiding over the condemnation pr oceeding
9 has determined that a homestead taking or beginning farmer taking has occurr ed or
10 that the heritage value is payable , the circuit judge presiding over the condemnation
11 proceeding shall apply the provisions of section 523.039 and [ shall determine whether a
12 homestead taking has occurred and shall determine whether heritage value is payable and ]
13 shall increase the jury verdict to provide for the additional compensation due where a
14 homestead taking or beginning farmer taking occurs or where heritage value applies, in
15 accordance with the just compensation provisions of section 523.039.
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523.250. 1. At least sixty days before filing of a condemnation petition seeking to
2 acquire an interest in real property , the condemning authority shall provide the owner of
3 record of such property with a written notice concerning the intended acquisition. Such
4 notice shall include:
5 (1) Identification of the interest in real property to be acquired and a statement of the
6 legal description or commonly known location of the property;
7 (2) The purpose or purposes for which the property is to be acquired;
8 (3) A statement that the property owner has the right to:
9 (a) Seek legal counsel at the owner's expense;
10 (b) Make a counterof fer and engage in further negotiations;
11 (c) Obtain such owner's own appraisal of just compensation;
12 (d) Have just compensation determined preliminarily by court-appointed
1 3 condemnation commissioners and, ultimately , by a jury;
14 (e) Seek assistance from the of fice of the ombudsman for property rights created
15 under section 523.277;
16 (f) Contest the right to condemn in the condemnation proceeding; [ and ]
17 (g) Exercise the rights to request vacation of an easement under the procedures and
18 circumstances provided for in section 527.188 ;
19 (h) Seek an award for heritage value, a homestead taking, or a beginning farmer
20 taking pursuant to sections 523.001, 523.039, and 523.061; and
21 (i) Seek attorney's fees pursuant to 523.253 if the amount awarded to the
22 pr operty owner by the commissioners or jury is great er than the offer made by the
23 condemning authority; and
24 (4) A copy of section 523.015 and the list of obligations and rem edies set forth in
25 section 523.015 .
26
27 An owner may waive the requirements of this subsection prescribed above in a writing
28 executed by the owner .
29 2. The written notice required by this section shall be deposited in the United States
30 mail, certified or registered, and with postage prepaid, addressed to the owner of record as
31 listed in the of fice of the city or county assessor for the city or county in which the property is
32 located. The receipt issued to the condemning authority by the United States Post Of fice for
33 certified or registered mail shall constitute proof of compliance with this notice requirement;
34 provided, however , that nothing in this section shall preclude a condemning authority from
35 proving compliance with this notice requirement by other competent evidence.
523.253. 1. A condemning authority shall present a written of fer to all owners of
2 record of the property . The of fer must be made at least thirty days before filing a
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3 condemnation petition and shall be held open for the thirty-day period unless an agreement is
4 reached sooner . The written offer pr esented pursuant to this section shall also include a
5 notice that all owners of r ecord may seek an award for heritage value, a homestead
6 taking, or a beginning farmer taking pursuant to sections 523.001, 523.039, and 523.061,
7 a notice that all owners of reco rd have the right to pursue attorney's fees pursuant to
8 subsection 3 of this section, and a copy of section 523.015 and the list of obligations and
9 r emedies set forth in section 523.015. The of fer shall be deposited in the United States mail,
10 certified or registered, and with postage prepaid, addressed to the owner of record as listed in
11 the of fice of the city or county assessor for the city or county in which the property is located.
12 The receipt issued to the condemning authority by the United States [ Post Of fice ] Postal
13 Service for certified or registered mail shall constitute proof of compliance with this
14 requirement; provided, however , that nothing in this section shall preclude a condemning
15 authority from proving compliance with this requirement by other competent evidence.
16 Nothing in this section shall prohibit the parties from negotiating during the thirty-day period.
17 2. (1) Any condemning authority shall, at the time of the of fer , provide the property
18 owner with an appraisal or an explanation with supporting financial data for its determination
19 of the value of the property for purposes of the offer made in subsection 1 of this section.
20 (2) Any appraisal referred to in this section shall be made by a state-licensed or state-
21 certified appraiser using generally accepted appraisal practices.
22 3. In any condemnation pr oceeding, if the amount awarded by the
2 3 commissioners or jury is great er than the offer made by the condemning authority
24 pursuant to this section, the court shall award attorney's fees to the pr operty owner in
25 addition to the award in such pr oceeding.
523.256. Before a court may enter an order of condemnation, the court shall find that
2 the condemning authority engaged in good faith negotiations prior to filing the condemnation
3 petition. A condemning authority shall be deemed to have engaged in good faith negotiations
4 if:
5 (1) It has properly and timely given all notices to owners required by this chapter;
6 (2) Its of fer under section 523.253 was no lower than the amount reflected in an
7 appraisal performed by a state-licensed or state-certified appraiser for the condemning
8 authority , provided an appraisal is given to the owner pursuant to subsection 2 of section
9 523.253 or , in other cases, the of fer is no lower than the amount provided in the basis for its
10 determination of the value of the property as provided to the owner under subsection 2 of
11 section 523.253;
12 (3) For condemnation of any agricultural or horticultural property for the construction
13 of an electrical transmission line [ designed to transmit electricity at three hundred forty-five
14 kilovolts or greater ], but not for condemnation of such property by an electrical corporation
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15 operating under a cooperative business plan as described in section 393.1 10, for the purposes
16 of constructing an electric plant subject to a certificate of convenience and necessity under
17 subsection 1 of section 393.170, the total compensation package of fered was no lower than
18 the amount reflected in an appraisal performed by a state-licensed or state-certified appraiser
19 for the condemning authority multiplied by one hundred fifty percent. The provisions of this
20 subdivision shall not apply to applications filed pursuant to section 393.170 prior to August
21 28, 2022;
22 (4) The owner has been given an opportunity to obtain his or her own appraisal from
23 a state-licensed or state-certified appraiser of his or her choice; and
24 (5) Where applicable, it has considered an alternate location suggested by the owner
25 under section 523.265.
26
27 If the court does not find that good faith negotiations have occurred, the court shall dismiss
28 the condemnation petition, without prejudice, and shall order the condemning authority to
29 reimburse the owner for his or her actual reasonable attorneys' fees and costs incurred with
30 respect to the condemnation proceeding which has been dismissed.
523.265. W ith regard to property interests acquired by condemnation or negotiations
2 in lieu of the exercise thereof, within thirty days of receiving a written notice sent under
3 section 523.250, the landowner may propose to the condemning authority in writing an
4 alternative location for the property to be condemned, which alternative location shall be on
5 the same parcel of the landowner's property as the property the condemning authority seeks to
6 condemn. The proposal shall describe the alternative location in such detail that the
7 alternative location is clearly defined for the condemning authority . The condemning
8 authority shall consider all such alternative locations. This section shall not apply to takings
9 of an entire parcel of land. A written statement by the condemning authority to the landowner
10 that it has considered all such alternative locations, and [ briefly stating ] setting forth with
11 specificity why they were rejected or accepted, is conclusive evidence that suf ficient
12 consideration was given to the alternative locations. Any rej ection of the landowner's
13 suggested alternative location shall not be arbitrary or capricious or induced by fraud,
14 collusion, or bad faith and shall be supported by substantial evidence. A condemning
15 authority or the affected landowner may seek a determination as to whether these
16 standards have been met by a court of competent jurisdiction in any condemnation
17 action filed to acquire the owner's pr operty or in an action seeking a declaratory
18 judgment.
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[ 523.020 . Any number of owners, residents in the same county or
2 circuit, may be joined in one petition, and the damages to each shall be
3 separately assessed by the same commissioners. ]
✔
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