71.590. Condemnation of property for street railways--ascertainment and payment of damages--procedure.

MISSOURI STATUTES AND CODES

71.590. Condemnation of property for street railways--ascertainment and payment of damages--procedure.

Condemnation of property for street railways--ascertainment andpayment of damages--procedure.

71.590. 1. Before taking or damaging any property in theconstruction of a railroad under such franchise, the corporationshall cause to be ascertained and determined the damages thatwill be done by the building and operation of such railroad, tothe real and personal property situated on the route fixed bythe ordinance defining the franchise, and shall pay to the owneror owners of the real and personal property so affected, or intocourt for them, the amount of their respective damages.

2. In case the corporation fails to agree with the ownersthereof for the proper compensation for the damages done orlikely to be done or sustained by reason of the construction andoperation of the railroad, or if, by reason of the legalincapacity of any such owner, no compensation can be agreedupon, the circuit court having jurisdiction over the town orcity granting such franchise on application of the corporationshall appoint three disinterested residents of such town orcity, who shall give personal notice to all owners or theiragents of property affected, if they can be found, as well asten days' notice by advertisement in the newspapers doing theprinting of such town or city, of their time and place ofmeeting; and the commissioners having been first duly sworn toperform their duties justly and impartially and a true report tomake, shall fully examine into the construction and operation ofthe railroad and its effects upon the real and personal propertydamaged thereby, making just allowances for the advantages whichmay have resulted or which may result to the owner or owners ofproperty for which damages may be claimed or allowed, and aftersuch comparison, shall estimate and determine how much damages,if any, such property may have sustained or seems likely tosustain by reason thereof, and make report of the same, and ifno exceptions be filed within ten days thereafter, or in theevent exceptions are filed and overruled, the court shallconfirm the report and enter judgment thereon; from whichjudgment either or any party shall be entitled to an appeal orwrit of error as in other cases. If the proceeding seeks toaffect the property of persons under conservatorship, theconservators must be made parties, and if the property ofmarried persons, their spouses must be made parties.

3. The petition shall set forth the general nature of thefranchise granted, the nature of the railroad to be constructedand operated, causing or likely to cause damage to privateproperty for public use, together with all facts necessary togive the court jurisdiction in the premises, the names of ownersof the several parcels of land and personal property to beaffected thereby, if known, or, if unknown, a correctdescription of the property or interest whose owners areunknown. The petition may be presented to the circuit court.Upon filing the petition, a summons shall be issued giving thedefendants at least ten days' notice of the time when thepetition will be heard, which summons shall be served in thesame manner as writs of summons are or may be by law required tobe served. If the name or residence of any defendant beunknown, or if any defendant does not reside within this state,notice of the time of hearing the petition, reciting thesubstance of the petition, and the day fixed for the hearingthereof, shall be given by publication for four consecutiveweeks prior to the hearing of the petition, in the paper doingthe town or city printing, and the court, being satisfied thatdue notice of the pending of the petition has been given, shallmake the appointment of the commissioners.

4. The report of the commissioners to the circuit courtshall be in writing and under oath, and filed with the clerkthereof, and the damages allowed to each owner of propertyaffected shall be separately stated. The report of thecommissioners may be reviewed by the circuit court on writtenexceptions filed by any party in the clerk's office within tendays after filing of such report, and the court shall make suchorder therein as right and justice may require, and may order anew appraisement on good cause shown, but the hearing of suchexceptions shall be summary, and the court shall fix a daytherefor without delay. The costs of the proceedings up to andincluding the filing of the commissioners' report shall be paidby the corporation, but all costs caused by any subsequentlitigation shall be paid by the losing party. All damage foundby the commissioners shall, within thirty days after filingtheir report, be paid to the owners of the property damaged, orinto court for them, by the corporation, and if the same is notso paid, the railroad shall not be constructed.