Section 49.300

Title VI COUNTY, TOWNSHIP AND POLITICAL SUBDIVISION GOVERNMENT

Chapter 49

Effective - 28 Aug 1990   

  49.300.  County commission may institute condemnation proceedings — power of circuit court. — If land or other property is sought to be appropriated by any county commission for roads, drainage systems, sites for a county courthouse, jail, poorhouse, infirmary or for any other public purpose whatsoever, and the county commission and the land or property owner whose land is sought to be appropriated are unable to agree upon the damages or compensation for the taking of the property, or if the owner is incapable of contracting or is a nonresident of this state, the county commission may institute proceedings in the circuit court of the county in the name of the county for the purpose of condemning the land or other property.  The proceedings in the circuit court shall be had in the manner and with the effect provided in chapter 523 for the condemnation of property for public use.  Any questions relative to the regularity of the proceedings before the county commission may be raised in the action.  If the county commission institutes the proceedings, upon the petition of registered voters of the county as authorized by chapter 228, or at the instance of any drainage district, the petitioners or drainage district shall be made parties to the proceedings and the circuit court may render judgment for damages and costs against the county or against any or all of the parties as is just and proper in the premises.

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(L. 1945 p. 1469 § 1, A. 1949 H.B. 2006, A.L. 1959 S.B. 65, A.L. 1983 S.B. 219, A.L. 1990 H.B. 1070)

(1965) Sections 49.300 and 228.100 in combination indicate a legislative intent to cover entire subject of judicial phases of condemnation proceedings by county courts and, therefore, they supersede and by implication repeal contrary provisions in § 228.180. County of Greene v. Hammons (Mo.), 389 S.W.2d 843.

(1987) Political subdivision has power pursuant to this section to condemn the property of another political subdivision provided that such condemnation does not totally destroy or materially impair or interfere with existing use.  State ex rel. Md. Heights, Etc. v. Campbell, 736 S.W.2d 383 (Mo. banc).