523.045. Interest on awards payable when--enforcement.
Interest on awards payable when--enforcement.
523.045. If, within thirty days after the filing of anycondemnation commissioners' report under the provisions ofsection 523.040, the condemnor shall have neither paid the amountof the commissioners' award to the persons named in the petitionas owning or claiming any property or rights or to the clerk ofthe court for such named persons nor timely filed its writtenelection to abandon the proposed appropriation of said propertyor rights, then interest on the amount of any subsequent verdictfor said named persons, or if there be no such verdict, then onthe amount of the award, at the rate of six percent per annumfrom the date of filing the report shall be added to said verdictor award and paid to said named person or to the clerk for them.If, within thirty days after the filing of any suchcommissioners' report the condemnor shall have paid the amount ofany commissioners' award to the persons named in the petition asowning or claiming any property or rights or to the clerk of thecourt for them and the amount of such award shall be supersededby a subsequent verdict or amount larger than the award paid,then interest on the amount by which such verdict exceeds theaward, at the rate of six percent per annum from the date offiling the report, shall be added to the amount of the verdict;but if the amount of the award shall be superseded by asubsequent verdict or amount smaller than the award paid, thenjudgment shall be entered against said persons named to repay tocondemnor the amount by which the award paid exceeds the amountof the verdict, with six percent interest on such excess paymentfrom the date of the payment of the award. If, within thirtydays after the filing of any such commissioners' report, thecondemnor shall have neither paid the amount of the award to saidpersons or to the clerk for them nor filed its written electionto abandon the appropriation, but shall thereafter timely filesuch written election to abandon, then the court may, upon motionfiled by said persons within ten days after the filing of saidelection, assess against the condemnor six percent interest onthe amount of the award from the date of the filing of thecommissioners' report to the date of the filing of such election,enter judgment thereon and enforce payment thereof by executionor other appropriate proceeding.
(L. 1959 S.B. 248)(1974) Award of interest on amount of commissioners' award where condemnation was abandoned held proper. Constitutionality of section upheld. Missouri State Park Board v. McDaniel (Mo.), 513 S.W.2d 447.