Section 88.070

Title VII CITIES, TOWNS AND VILLAGES

Chapter 88

Effective - 28 Aug 1949   

  88.070.  Condemnation of property — duty of court. — The court shall so adapt its procedure hereunder as to give all parties in interest due process of law and just compensation for all property appropriated notwithstanding any provisions in this or any other statute to the contrary.  All proceedings hereunder shall be governed as far as practicable, when the practice is not prescribed by these sections, by the rules applicable to civil proceedings in the circuit court.

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(RSMo 1939 §§ 6770, 7494, A. 1949 H.B. 2036)

Prior revisions: 1929 §§ 6642, 7341; 1919 § 8755

(1959) Where amendment to zoning ordinance providing for zoning of newly annexed land was made without any attempt to comply with sec. 89.070, the amendment could not apply to land so annexed. State ex rel. Sims v. Eckhardt (Mo.), 322 S.W.2d 903.

(1966) This section prescribes the procedure to be followed by the legislative body availing itself in the first instance of the zoning powers granted to all cities, towns, and villages in first establishing zoning in a municipality. It relates only to the original zoning ordinances fixing the boundaries of the original districts and prescribing the regulations to be followed therein. The term "original districts" refers to the establishment of zoning districts in areas not previously zoned. Murrel v. Wolff (Mo.), 408 S.W.2d 842.

(1972) Interim zoning of land not yet legally annexed to city held not authorized by statute. State ex rel. Holiday Park, Inc. v. City of Columbia (Mo.), 479 S.W.2d 422.