523.250. Notice of intended acquisition--mailing requirements. - Missouri Statutes

Notice of intended acquisition--mailing requirements.

523.250. 1. At least sixty days before filing of a condemnationpetition seeking to acquire an interest in real property, the condemningauthority shall provide the owner of record of such property with a writtennotice concerning the intended acquisition. Such notice shall include:

(1) Identification of the interest in real property to be acquired and astatement of the legal description or commonly known location of the property;

(2) The purpose or purposes for which the property is to be acquired;

(3) A statement that the property owner has the right to:

(a) Seek legal counsel at the owner's expense;

(b) Make a counteroffer and engage in further negotiations;

(c) Obtain such owner's own appraisal of just compensation;

(d) Have just compensation determined preliminarily by court-appointedcondemnation commissioners and, ultimately, by a jury;

(e) Seek assistance from the office of the ombudsman for property rightscreated under section 523.277;

(f) Contest the right to condemn in the condemnation proceeding; and

(g) Exercise the rights to request vacation of an easement under theprocedures and circumstances provided for in section 527.188.

An owner may waive the requirements of this subsection prescribed above in awriting executed by the owner.

2. The written notice required by this section shall be deposited in theUnited States mail, certified or registered, and with postage prepaid,addressed to the owner of record as listed in the office of the city or countyassessor for the city or county in which the property is located. The receiptissued to the condemning authority by the United States Post Office forcertified or registered mail shall constitute proof of compliance with thisnotice requirement; provided, however, that nothing in this section shallpreclude a condemning authority from proving compliance with this noticerequirement by other competent evidence.

(L. 2006 H.B. 1944)