SECOND REGULAR SESSION
HOUSE BILL NO. 1892
91ST GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE BERKSTRESSER.
Read 1st time February 12, 2002, and 1000 copies ordered printed.
TED WEDEL, Chief Clerk
AN ACT
To amend chapter 523, RSMo, by adding thereto one new section relating to reimbursement of expenses in condemnation and inverse condemnation proceedings.
Section A. Chapter 523, RSMo, is amended by adding thereto one new section, to be known as section 523.075, to read as follows:
523.075. 1. Any person, agency, or other entity acquiring real property for public use pursuant to the laws of this state shall, as soon as practicable after the date of payment of the purchase price or the date of deposit into court of funds to satisfy the award of compensation in a condemnation proceeding to acquire real property, whichever is earlier, reimburse the owner for expenses he or she necessarily incurred for:
(1) Recording fees, transfer taxes, and similar expenses incidental to conveying the real property;
(2) Penalty costs for prepayment for any preexisting recorded mortgage entered into in good faith encumbering the real property; and
(3) The pro rata portion of real property taxes paid which are allocable to a period subsequent to the date of vesting title in the acquiring entity, or the effective date of possession of the real property by the acquiring entity, whichever is earlier.
2. Where a condemnation proceeding is instituted by any person, agency, or other entity to acquire real property for public use pursuant to the laws of this state and:
(1) The final judgment is that the real property cannot be acquired by condemnation;
(2) The proceeding is abandoned; or
(3) The award of the jury exceeds the award of the court-appointed commissioners by at least ten percent;
the owner of any right, title, or interest in the real property may be paid a sum as in the opinion of the court will reimburse the owner for his or her reasonable attorney, appraisal, and engineering fees, actually incurred because of the condemnation proceedings. Such a determination by the court shall be appealable to the supreme court in the same manner as any other final order. The final award of the sums shall be paid by the person, agency, or other entity which sought to condemn the property.
3. Where an inverse condemnation proceeding is instituted by the owner of any right, title, or interest in real property because of use of his or her property in any public program or project, the court, rendering a judgment for the plaintiff in any such proceeding and awarding compensation for the taking of property, or the attorney general or other party settling any such proceeding, shall award to the plaintiff, as a part of the judgment or settlement, a sum which, in the opinion of the court or the acquiring entity's attorney, respectively, will reimburse the plaintiff for his or her reasonable costs, disbursements and expenses, including reasonable attorney, appraisal, and engineering fees, actually incurred because of the proceeding. A determination by the court shall be appealable to the supreme court in the same manner as any other final order.
4. The costs and expenses provided for in this section shall supplement the costs and expenses collected pursuant to
section 523.070 or any other provision of law. This section shall not provide for the duplicative collection of such
costs and expenses. In the event that any and all costs and expenses which could be collected pursuant to this
section are collected pursuant to section 523.070, any other provision of law, or any other agreement or settlement
arranged by the parties, this section shall not apply, but if any cost which may be collected pursuant to this section
is not collected by other means, then this section shall apply.
Missouri House of Representatives