☰ Revisor of Missouri

Title XXXVI STATUTORY ACTIONS AND TORTS

Chapter 523

< > Effective - 28 Aug 2022, 2 histories bottom

  523.256.  Good faith negotiation required, findings, remedies. — Before a court may enter an order of condemnation, the court shall find that the condemning authority engaged in good faith negotiations prior to filing the condemnation petition.  A condemning authority shall be deemed to have engaged in good faith negotiations if:

  (1)  It has properly and timely given all notices to owners required by this chapter;

  (2)  Its offer under section 523.253 was no lower than the amount reflected in an appraisal performed by a state-licensed or state-certified appraiser for the condemning authority, provided an appraisal is given to the owner pursuant to subsection 2 of section 523.253 or, in other cases, the offer is no lower than the amount provided in the basis for its determination of the value of the property as provided to the owner under subsection 2 of section 523.253;

  (3)  For condemnation of any agricultural or horticultural property for the construction of an electrical transmission line designed to transmit electricity at three hundred forty-five kilovolts or greater, but not for condemnation of such property by an electrical corporation operating under a cooperative business plan as described in section 393.110, for the purposes of constructing an electric plant subject to a certificate of convenience and necessity under subsection 1 of section 393.170, the total compensation package offered was no lower than the amount reflected in an appraisal performed by a state-licensed or state-certified appraiser for the condemning authority multiplied by one hundred fifty percent.  The provisions of this subdivision shall not apply to applications filed pursuant to section 393.170 prior to August 28, 2022;

  (4)  The owner has been given an opportunity to obtain his or her own appraisal from a state-licensed or state-certified appraiser of his or her choice; and

  (5)  Where applicable, it has considered an alternate location suggested by the owner under section 523.265.

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If the court does not find that good faith negotiations have occurred, the court shall dismiss the condemnation petition, without prejudice, and shall order the condemning authority to reimburse the owner for his or her actual reasonable attorneys' fees and costs incurred with respect to the condemnation proceeding which has been dismissed.

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(L. 2006 H.B. 1944, A.L. 2022 H.B. 2005 merged with S.B. 820)


---- end of effective  28 Aug 2022 ----

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