Mo. Rev. Stat. » Chapter 228
Missouri Revised Statutes

Mo. Rev. Stat. § 228.100 (2026)

Condemnation proceedings, when

✓ current as of May 2026
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  228.100.  Condemnation proceedings, when. — If it appears that any person through whose lands such proposed road should run has failed or refused to relinquish the right-of-way, or is not willing to take the amount of damages offered him by the commission or petitioners, or both, or in case any such owner is incapable of contracting or is a nonresident of this state, and it further appears to the county commission that the proposed road is of such great public utility as to warrant its establishment, the county commission shall order the road established and shall direct the prosecuting attorney of the county to institute proceedings in the name of the county in the circuit court for the purpose of condemning such lands.  Such proceedings shall be instituted and conducted by said prosecuting attorney under the provisions of chapter 523.

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(L. 1949 p. 551 § 8476)

CROSS REFERENCE:

County commission may institute condemnation proceedings for what purposes, 49.300

(1965) Sections 49.300 and 228.100 in combination indicate a legislative intent to cover the entire subject of the judicial phases of condemnation proceedings by county courts and, therefore, they supersede and by implication repeal contrary provisions in § 228.180. County of Greene v. Hammons (Mo.), 389 S.W.2d 843.

Notes of Decisions
Cited in 5 cases, 1956–1987 · leading case: State Ex Rel. Md. Heights, Etc. v. Campbell, 736 S.W.2d 383 (Mo. 1987).
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State Ex Rel. Md. Heights, Etc. v. Campbell, 736 S.W.2d 383 (Mo. 1987). · cites it 2× “Section 228.100 directs the prosecuting attorney to institute condemnation proceedings in the name of the county if "any person" or "owner" does not or cannot relinquish the right-of-way for a public road.”
Taney Cnty. v. Addington, 296 S.W.2d 129 (Mo. Ct. App. 1956). · cites it 2× “This proceeding was instituted and has been conducted “in the name of the county” pursuant to Section 228.100, RS-Mo 1949, V.A.M.S.; Taney County has been at all times, and is now, a party to the record; and, the instant appeal is by Taney County from a judgment entered against…”
State ex rel. Maryland Heights Fire Prot. Dist. v. Campbell, 736 S.W.2d 383 (Mo. 1987). · cites it 2× “Section 228.100 directs the prosecuting attorney to institute condemnation proceedings in the name of the county if “any person” or “owner” does not or cannot relinquish the right-of-way for a public road.”
Osburn v. Supreme Express & Transfer Co., 590 S.W.2d 360 (Mo. Ct. App. 1979). “1927); § 228.100. The Upper Road was lawfully established as a public road thirty feet wide on a route with definite beginning, course and terminus by petition and notice to the landowners affected.”
Cnty. of Greene v. Hammons, 389 S.W.2d 843 (Mo. 1965). · cites it 4× “Six sections including 8476, 8477, and 8478 of the 1939 statutes were repealed, and the statutes enacted in lieu thereof include what is now § 228.100, RSMo 1959, V.A.M.S. Laws 1949, pp.”
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