523.259. Abandonment of condemnation, remedies--applicability. - Missouri Statutes

Abandonment of condemnation, remedies--applicability.

523.259. 1. If any condemning authority abandons a condemnation,each owner of interests sought to be condemned shall be entitled torecover:

(1) Their reasonable attorneys' fees, expert expenses and costs; and

(2) The lesser of:

(a) The owner's actual damages accruing as a direct and proximateresult of the pendency of the condemnation if proven by the owner; or

(b) The damages required to be paid to an owner in the event of anabandonment under the terms of the applicable redevelopment plan oragreement.

In the event that the applicable redevelopment plan or agreement is silentas to damages required to be paid to an owner in the event of anabandonment, a court shall order the condemning authority to pay theowner's actual reasonable attorneys' fees and expenses, and shall awarddamages accruing as a direct and proximate result of the pendency of thecondemnation if proven by the landowner.

2. The provisions of this section shall only apply to redevelopmentplans or agreements entered into after December 31, 2006.

(L. 2006 H.B. 1944)