FIRST REGULAR SESSION
[PERFECTED]
93RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES STEVENSON (Sponsor) AND HARRIS (110) (Co-sponsor).
Read 1st time February 16, 2005 and copies ordered printed.
Read 2nd time February 17, 2005 and referred to the Committee on Judiciary February 24, 2005.
Reported from the Committee on Judiciary March 3, 2005 with recommendation that the bill Do Pass by Consent. Referred to the Committee on Rules pursuant to Rule 25(26)(f).
Reported from the Committee on Rules March 7, 2005 with recommendation that the bill Do Pass by Consent with no time limit for debate.
Perfected by Consent March 15, 2005.
STEPHEN S. DAVIS, Chief Clerk
AN ACT
To repeal section 523.050, RSMo, and to enact in lieu thereof one new section relating to condemnation proceedings.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 523.050, RSMo, is repealed and one new section enacted in lieu thereof, to be known as section 523.050, to read as follows:
523.050. 1. Upon the filing of such report of [said] the commissioners, the clerk of the court [wherein] in which the same is filed shall duly notify the party whose property is affected of the filing [thereof]; and the report of [said] the commissioners may be reviewed by the court in which the proceedings are had, on written exceptions, filed by either party in the clerk's office, within [ten] thirty days after the service of [the] such notice [aforesaid]; and the court shall make such order [therein] as right and justice may require, and may order a new appraisement, upon good cause shown.
2. Such new appraisement shall, at the request of either party, be made by a jury, under the supervision of the court, as in ordinary cases of inquiry of damages; but notwithstanding such exceptions, such company may proceed to erect [said] such telephone or telegraph line, or construct [said] such road or railroad; and any subsequent proceedings shall only affect the amount of compensation to be allowed. In all cases arising under the provisions of this chapter, the report of commissioners, when signed by a majority of them, shall be taken and considered as the report of all.
3. If after ninety days after the award is paid into court no agreement has been filed and no party having an interest in the award has filed a distribution motion, the court shall determine the percentage of the award to which each party having an interest [therein] in it is entitled.