Section 523.050

Title XXXVI STATUTORY ACTIONS AND TORTS

Chapter 523

Effective - 28 Aug 2005, 2 histories   

  523.050.  Commissioners' report — notice of filing — review. — 1.  Upon the filing of such report of the commissioners, the clerk of the court in which the same is filed shall duly notify the party whose property is affected of the filing; and the report of the commissioners may be reviewed by the court in which the proceedings are had, on written exceptions, filed by either party in the clerk's office, within thirty days after the service of such notice; and the court shall make such order as right and justice may require, and may order a new appraisement, upon good cause shown.

  2.  Such new appraisement shall, at the request of either party, be made by a jury, under the supervision of the court, as in ordinary cases of inquiry of damages; but notwithstanding such exceptions, such company may proceed to erect such telephone or telegraph line, or construct such road or railroad; and any subsequent proceedings shall only affect the amount of compensation to be allowed.  In all cases arising under the provisions of this chapter, the report of commissioners, when signed by a majority of them, shall be taken and considered as the report of all.

  3.  If after ninety days after the award is paid into court no agreement has been filed and no party having an interest in the award has filed a distribution motion, the court shall determine the percentage of the award to which each party having an interest in it is entitled.

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(RSMo 1939 § 1508, A.L. 2003 H.B. 668, A.L. 2005 H.B. 567)

Prior revisions: 1929 § 1344; 1919 § 1795; 1909 § 2364

(1973) Held in condemnation proceeding that state highway comm. as condemnor is not obligated to present evidence from all appraisers which it may have employed nor is it obligated to call all such appraisers as witnesses at a trial in which damages are the issue. State ex rel. State Highway Comm. v. Texaco, Inc. (Mo.), 502 S.W.2d 284.