523.050. Commissioners' report--notice of filing--review.
Commissioners' report--notice of filing--review.
523.050. 1. Upon the filing of such report of the commissioners, theclerk of the court in which the same is filed shall duly notify the partywhose property is affected of the filing; and the report of thecommissioners may be reviewed by the court in which the proceedings arehad, on written exceptions, filed by either party in the clerk's office,within thirty days after the service of such notice; and the court shallmake such order as right and justice may require, and may order a newappraisement, upon good cause shown.
2. Such new appraisement shall, at the request of either party, bemade by a jury, under the supervision of the court, as in ordinary cases ofinquiry of damages; but notwithstanding such exceptions, such company mayproceed to erect such telephone or telegraph line, or construct such roador railroad; and any subsequent proceedings shall only affect the amount ofcompensation to be allowed. In all cases arising under the provisions ofthis chapter, the report of commissioners, when signed by a majority ofthem, shall be taken and considered as the report of all.
3. If after ninety days after the award is paid into court noagreement has been filed and no party having an interest in the award hasfiled a distribution motion, the court shall determine the percentage ofthe award to which each party having an interest in it is entitled.
(RSMo 1939 § 1508, A.L. 2003 H.B. 668, A.L. 2005 H.B. 567)Prior revisions: 1929 § 1344; 1919 § 1795; 1909 § 2364
(1973) Held in condemnation proceeding that state highway comm. as condemnor is not obligated to present evidence from all appraisers which it may have employed nor is it obligated to call all such appraisers as witnesses at a trial in which damages are the issue. State ex rel. State Highway Comm. v. Texaco, Inc. (Mo.), 502 S.W.2d 284.