by admin | May 13, 2021 | Civil Procedure, Missouri
No action or proceeding is open to objection on the ground that a declaratory judgment or decree is prayed for.Mo. R. Civ. P. 87.01Committee Note – 1959 Note: This rule is the same as the second sentence of Section 527.010, RSMo 1959, except for the addition of...
by admin | May 13, 2021 | Civil Procedure, Missouri
In condemnation proceedings under Rule 86 interest shall be recovered in the manner and the amounts as now or hereafter provided by Statutes including Section 523.045 RSMo 1949. The reference in Section 523.045 to Section 523.040 shall be construed to refer to this...
by admin | May 13, 2021 | Civil Procedure, Missouri
The cost of the condemnation proceeding shall be paid by the condemner, up to and including the filing and copying of the report of the commissioners; and the court, as to any costs made by subsequent litigation, may make such order as in its discretion may be deemed...
by admin | May 13, 2021 | Civil Procedure, Missouri
Immediately after the filing of the report of the commissioners, the clerk of the court wherein it is filed shall notify the parties of such filing. The notice shall be given, if possible, in the manner provided by Rule 43.01, or, if this is not possible, by posting...
by admin | May 13, 2021 | Civil Procedure, Missouri
The owners of any numbers of tracts may be joined in one petition.Mo. R. Civ. P. 86.07Committee Note – 1959 New. Compare: Section 523.020, RSMo 1959.
by admin | May 13, 2021 | Civil Procedure, Missouri
The court, or judge thereof in vacation, on being satisfied that due notice of the pendency of the petition has been given, shall appoint three disinterested commissioners, who shall be freeholders, resident of the county in which the real estate or a part thereof is...
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