523.053. Distribution of condemnation awards among defendants. - Missouri Statutes

Distribution of condemnation awards among defendants.

523.053. 1. Within thirty days after the commissioners'award has been paid to the clerk of the court, where there ismore than one defendant, those defendants claiming a determinableinterest in the proceeds of said award may file with the court anagreement setting out the manner and the percentages in whichsaid award is to be divided among them. If no such agreement isfiled during said thirty-day period, any defendant claiming suchan interest may by motion for distribution petition the court inwhich said cause is pending for a determination of the percentageof the commissioners' award to which each of said parties isentitled; provided, that the plaintiff in said condemnationaction may have the right to intervene as an interested party insaid proceeding, whether it be by the filing of an agreementamong the defendants or by the filing of a motion fordistribution of the award, and shall be entitled to prior noticeof the filing of said agreement or notice of the filing of themotion for said determination and distribution.

2. Within thirty days after the filing of such motion, thecourt having jurisdiction of said cause shall determine thepercentage of the award to which each party having an interesttherein is entitled. Any party aggrieved of the determination ofinterests made by the court shall have the right of appealtherefrom, and the same shall be considered as a final judgmentfor such purposes.

3. The respective interests of all parties in the award madeas a result of the condemnation action, whether determined bysaid agreement or by the court, shall be final and shall extendby percentage to any additional compensation awarded or anyreduction of the award thereafter made, together with interest,on the trial of exceptions, and said interests established shallbe binding on all parties, plaintiff and defendant; provided,that when the determinable interest of any defendant is notrelated to the difference in the value of the property before andafter the taking by condemnation, such share set out in theagreement or the court's finding thereof shall not be affected byany increase or reduction so long as the final award is not lessthan such interest.

4. Any evidence relating to the terms of said determinationof interest shall not be admissible as evidence before the juryon the trial of said exceptions.

(L. 1965 p. 660)