228.358. Report of commissioners, exceptions to, filed when — jury impaneled, when — judgment, contents. — Within ten days after notification of the commissioners' report, either party may file exceptions to the report and assessment of damages. If no exceptions are filed, the court shall enter a judgment establishing or widening the private road and assessing the damages as set forth in the commissioners' report to be paid by the plaintiffs to the defendants. If either party files exceptions, the court shall impanel a jury and conduct a trial to determine the amount of damages to be paid by the plaintiffs to the defendants. Thereafter, the court shall enter a judgment establishing or widening the private road and assessing the damages as set forth in the jury's verdict, and the provisions of the interlocutory order as provided in section 228.352 shall be included in such judgment. The private road so established or widened shall be a permanent easement appurtenant to the plaintiffs' real property.
Notes of Decisions
Rigali v. Kensington Place Homeowners' Ass'n, 103 S.W.3d 839 (Mo. Ct. App. 2003).
· cites it 8× “e of the subject 2250-square-foot property before the taking and its fair market value after the taking; and (3) denying plaintiffs motion *841 to amend the judgment by reducing the amount of the judgment to 48% of the verdict because the judgment erroneously: (a) awards to all…”
Short v. S. Union Co., 372 S.W.3d 520 (Mo. Ct. App. 2012).
· cites it 4× “Had the trial court granted Short the relief of a private road to access the Property, section 228.358 would only have permitted the issuance of an interlocutory order to that effect, and the order would have remained interlocutory until commissioners appointed by the trial…”
Anderson v. Mantel, 171 S.W.3d 774 (Mo. Ct. App. 2005).
· cites it 8× “” Specifically, Plaintiffs maintain that section 228.358 requires all the provisions of the interlocutory order to be included in the final judgment and section 228.”
Hamai v. Witthaus, 965 S.W.2d 379 (Mo. Ct. App. 1998).
· cites it 5× “Following the jury verdict the court then entered a final judgment as required by Section 228.358 RSMo establishing the private road, assessing damages in the amount found by the jury, and determining the parties’ respective rights and obligations with respect to use and…”
Schweigert v. Braxton, 902 S.W.2d 370 (Mo. Ct. App. 1995).
· cites it 6× “New § 228.358 RSMo Cum Supp.1991 provides: Within ten days after notification of the commissioners’ report, either party may file exceptions to the report and assessment of damages.”
Eggemeyer v. Connolly, 986 S.W.2d 516 (Mo. Ct. App. 1999).
· cites it 2× “If the parties file no exceptions to the commissioners’ report, Section 228.358 directs the court to enter a judgment establishing the private road and assessing damages as reported by the commissioners.”
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