393.070. Clerk of court shall give notice of petitions. - Missouri Statutes

Clerk of court shall give notice of petitions.

393.070. Upon the filing of such report of thecommissioners, the clerk of the court where the same is filedshall duly notify the party whose property is affected of thefiling thereof, and as well the corporation, company orindividual; and the report of said commissioners may be reviewedby the court in which the proceedings are had, on writtenexceptions, filed by either party in the clerk's office withinten days after service of the notice aforesaid, and the courtshall make such order therein as right and justice may require,and may order a new appraisement upon good cause shown. Such newappraisement shall, at the request of either party, be made by ajury under the supervision of the court, as in ordinary cases ofinquiry of damages; but notwithstanding such exceptions, suchcorporation, company or individual may proceed to appropriate theproperty so condemned and use it for any or all of the purposesaforesaid, and any subsequent proceedings shall only affect theamount of compensation to be allowed. In all cases arising underthe provisions of sections 393.030 to 393.060, the report of thecommissioners, when signed by a majority of them, shall be takenand considered as the report of all.

(RSMo 1939 § 5376, A.L. 1943 p. 410 § 160)

Prior revisions: 1929 § 4969; 1919 § 10179; 1909 § 3373