88.073. Condemnation of property — right to condemn lands. — 1. Cities shall have the right to condemn lands under the provisions of sections 88.010 to 88.070 and pay for the same out of any funds available out of the city treasury without any assessments for benefits, or to advance the amount of damages awarded at the time pending the proceedings and thereupon take possession of the property and to be reimbursed from the benefits assessed when the same are collected.
2. Whenever the charter of any constitutional charter city makes provision for the condemnation of property for public purposes and assessment of benefits therefor, such city may elect to proceed with such condemnation or assessment, or both, in the manner provided in sections 88.010 to 88.070 or to proceed in the manner provided in its charter.
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(RSMo 1939 § 7240, A. 1949 H.B. 2036)
Prior revisions: 1929 § 7090; 1919 § 8540
(1951) Since enactment of this section, proceedings to condemn under city charter exceptions are not required to be tried by common-law jury unless charter so provides. State ex rel. Dennis v. Williams, 362 Mo. 176, 240 S.W.2d 703.
---- end of effective 28 Aug 1949 ----
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