523.256. Good faith negotiation required, findings, remedies. - Missouri Statutes

Good faith negotiation required, findings, remedies.

523.256. Before a court may enter an order of condemnation, the courtshall find that the condemning authority engaged in good faith negotiationsprior to filing the condemnation petition. A condemning authority shall bedeemed to have engaged in good faith negotiations if:

(1) It has properly and timely given all notices to owners requiredby this chapter;

(2) Its offer under section 523.253 was no lower than the amountreflected in an appraisal performed by a state-licensed or state-certifiedappraiser for the condemning authority, provided an appraisal is given tothe owner pursuant to subsection 2 of section 523.253 or, in other cases,the offer is no lower than the amount provided in the basis for itsdetermination of the value of the property as provided to the owner undersubsection 2 of section 523.253;

(3) The owner has been given an opportunity to obtain his or her ownappraisal from a state-licensed or state-certified appraiser of his or herchoice; and

(4) Where applicable, it has considered an alternate locationsuggested by the owner under section 523.265.

If the court does not find that good faith negotiations have occurred, thecourt shall dismiss the condemnation petition, without prejudice, and shallorder the condemning authority to reimburse the owner for his or her actualreasonable attorneys' fees and costs incurred with respect to thecondemnation proceeding which has been dismissed.

(L. 2006 H.B. 1944)