Section 88.097

Title VII CITIES, TOWNS AND VILLAGES

Chapter 88

Effective - 28 Aug 1939   

  88.097.  Street grading — payment of damages. — All the damages allowed shall, within six months from any final decree terminating the litigation, from which no appeal or writ of error is prosecuted, be paid out of the city treasury to the parties entitled thereto, and if the ownership of the property to which such damages are allowed is in controversy, the amount of the damages allowed said property shall, within the time aforesaid, be paid into the circuit court for the use of the successful claimant of the property.

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(RSMo 1939 § 7378)

Prior revisions: 1929 § 7227; 1919 § 8681; 1909 § 9558

(1959) In action to assess damages and benefits for changing the grade of the street, the owner of the abutting land at the time the grade was actually changed, rather than subsequent owners, was entitled to the damages assessed, although judgment for such damages was rendered later. City of St. Louis v. Moehlenhoff (A.), 322 S.W.2d 155.