523.010. Lands may be condemned, when--petition--parties--power of public utility to condemn certain lands, limitation. - Missouri Statutes

Lands may be condemned, when--petition--parties--power of publicutility to condemn certain lands, limitation.

523.010. 1. In case land, or other property, is sought tobe appropriated by any road, railroad, street railway, telephone,telegraph or any electrical corporation organized for themanufacture or transmission of electric current for light, heator power, including the construction, when that is the case, ofnecessary dams and appurtenant canals, flumes, tunnels andtailraces and including the erection, when that is the case, ofnecessary electric steam powerhouses, hydroelectric powerhousesand electric substations or any oil, pipeline or gas corporationengaged in the business of transporting or carrying oil, liquidfertilizer solutions, or gas by means of pipes or pipelines laidunderneath the surface of the ground, or other corporationcreated under the laws of this state for public use, and suchcorporation and the owners cannot agree upon the propercompensation to be paid, or in the case the owner is incapable ofcontracting, be unknown, or be a nonresident of the state, suchcorporation may apply to the circuit court of the county of thisstate where such land or any part thereof lies by petitionsetting forth the general directions in which it is desired toconstruct its road, railroad, street railway, telephone, ortelegraph line or electric line, including, when that is thecase, the construction and maintenance of necessary dams andappurtenant canals, tunnels, flumes and tailraces and, when thatis the case, the appropriation of land submerged by theconstruction of such dam, and including the erection andmaintenance, when that is the case, of necessary electric steampowerhouses, hydroelectric powerhouses and electric substations,or oil, pipeline, liquid fertilizer solution pipeline, or gasline over or underneath the surface of such lands, a descriptionof the real estate, or other property, which the company seeks toacquire; the names of the owners thereof, if known; or ifunknown, a pertinent description of the property whose owners areunknown and praying the appointment of three disinterestedresidents of the county, as commissioners, or a jury, to assessthe damages which such owners may severally sustain inconsequence of the establishment, erection and maintenance ofsuch road, railroad, street railway, telephone, telegraph line,or electrical line including damages from the construction andmaintenance of necessary dams and the condemnation of landsubmerged thereby, and the construction and maintenance ofappurtenant canals, flumes, tunnels and tailraces and theerection and maintenance of necessary electric steam powerhouses,hydroelectric powerhouses and electric substations, or oil,pipeline, or gas line over or underneath the surface of suchlands; to which petition the owners of any or all as theplaintiff may elect of such parcels as lie within the county orcircuit may be made parties defendant by names if the names areknown, and by the description of the unknown owners of the landtherein described if their names are unknown.

2. If the proceedings seek to affect the lands of personsunder conservatorship, the conservators must be made partiesdefendant. If the present owner of any land to be affected hasless estate than a fee, the person having the next vested estatein remainder may at the option of the petitioners be made partydefendant; but if such remaindermen are not made parties, theirinterest shall not be bound by the proceedings.

3. It shall not be necessary to make any persons partydefendants in respect to their ownership unless they are eitherin actual possession of the premises to be affected claimingtitle or having a title of the premises appearing of record uponthe proper records of the county.

4. Except as provided in subsection 5 of this section,nothing in this chapter shall be construed to give a publicutility, as defined in section 386.020, RSMo, or a rural electriccooperative, as provided in chapter 394, RSMo, the power tocondemn property which is currently used by another provider ofpublic utility service, including a municipality or a specialpurpose district, when such property is used or useful inproviding utility services, if the public utility or cooperativeseeking to condemn such property, directly or indirectly, willuse or proposes to use the property for the same purpose, or apurpose substantially similar to the purpose that the property isbeing used by the provider of the public utility service.

5. A public utility or a rural electric cooperative mayonly condemn the property of another provider of public utilityservice, even if the property is used or useful in providingutility services by such provider, if the condemnation isnecessary for the public purpose of acquiring a nonexclusiveeasement or right-of-way across the property of such provider andonly if the acquisition will not materially impair or interferewith the current use of such property by the utility orcooperative and will not prevent or materially impair suchprovider of public utility service from any future expansion ofits facilities on such property.

6. If a public utility or rural electric cooperative seeksto condemn the property of another provider of public utilityservice, and the conditions in subsection 4 of this section donot apply, this section does not limit the condemnation powersotherwise possessed by such public utility or rural electriccooperative.

(RSMo 1939 § 1504, A.L. 1978 H.B. 1634, A.L. 1983 S.B. 44 & 45 merged with S.B. 144, A.L. 1990 H.B. 1070, A.L. 1994 S.B. 709)

Prior revisions: 1929 § 1430; 1919 § 1791; 1909 § 2360

(1971) Petition of electric company seeking to condemn easement for transmission line held fatally defective for failure to join owner of fee as defendant even though lessee of property was made party defendant and easement sought was only for period of unexpired term of lease. Union Electric Company v. Slay Bulk Terminals, Inc. (A.), 475 S.W.2d 136.

(1972) Condemnation properly denied where evidence was insufficient to show Commission and owner could not agree upon compensation since purported written offer contained language "We are now in a position to make an offer," "Subject to the approval of the State Highway Commission, our offer is. . . ." State ex rel. State Highway Commission v. Pinkley (A.), 474 S.W.2d 46.

(1976) Held, in inverse condemnation suit venue is in county where all or part of land is located and not where principal office of highway commission is located. State ex rel. State Highway Commission v. Swink (Mo.), 537 S.W.2d 556.

(1981) Power of eminent domain includes right to survey in anticipation of and preparation for condemnation. State ex. rel. Rhodes v. Crouch (Mo.), 621 S.W.2d 47.

(1989) To satisfy the requirements of this section, the condemnors' evidence must show that a valid offer was made and rejected. (Mo.App.) Mo. Hwy. & Transp. Com'n v. Pinnell, 774 S.W.2d 528.