523.045. Interest on awards payable when — enforcement. — If, within thirty days after the filing of any condemnation commissioners' report under the provisions of section 523.040, the condemnor shall have neither paid the amount of the commissioners' award to the persons named in the petition as owning or claiming any property or rights or to the clerk of the court for such named persons nor timely filed its written election to abandon the proposed appropriation of said property or rights, then interest on the amount of any subsequent verdict for said named persons, or if there be no such verdict, then on the amount of the award, at the rate of six percent per annum from the date of filing the report shall be added to said verdict or award and paid to said named person or to the clerk for them. If, within thirty days after the filing of any such commissioners' report the condemnor shall have paid the amount of any commissioners' award to the persons named in the petition as owning or claiming any property or rights or to the clerk of the court for them and the amount of such award shall be superseded by a subsequent verdict or amount larger than the award paid, then interest on the amount by which such verdict exceeds the award, at the rate of six percent per annum from the date of filing the report, shall be added to the amount of the verdict; but if the amount of the award shall be superseded by a subsequent verdict or amount smaller than the award paid, then judgment shall be entered against said persons named to repay to condemnor the amount by which the award paid exceeds the amount of the verdict, with six percent interest on such excess payment from the date of the payment of the award. If, within thirty days after the filing of any such commissioners' report, the condemnor shall have neither paid the amount of the award to said persons or to the clerk for them nor filed its written election to abandon the appropriation, but shall thereafter timely file such written election to abandon, then the court may, upon motion filed by said persons within ten days after the filing of said election, assess against the condemnor six percent interest on the amount of the award from the date of the filing of the commissioners' report to the date of the filing of such election, enter judgment thereon and enforce payment thereof by execution or other appropriate proceeding.
Notes of Decisions
66, Inc. v. Crestwood Commons Redevelopment Corp., 130 S.W.3d 573 (Mo. Ct. App. 2004).
· cites it 19× “Plaintiff then filed a motion for an award of statutory interest pursuant to section 523.045 RSMo (1986). In its motion plaintiff alleged that the condemnation had prevented plaintiffs from selling the property and caused it to incur needless loss and expense.”
66, Inc. v. Crestwood Commons Redevelopment Corp., 998 S.W.2d 32 (Mo. 1999).
· cites it 24× “has a common law claim for abandonment of condemnation; this action is not pre-empted or extinguished by section 523.045, 1 which allows an award of interest on a condemnation award after a condemnor abandons condemnation.”
State Ex Rel. State High. Comm'n v. Paul, 368 S.W.2d 419 (Mo. 1963).
· cites it 21× “On August 1, 1961, the court sustained the defendants' motion to vacate on the ground, among others, that the interest statute, § 523.045, RSMo 1959, V.A.M.S., was unconstitutional and entered a new judgment in favor of the defendants for $30,000 in accordance with the verdict…”
City of Cottleville v. Am. Topsoil, Inc., 998 S.W.2d 114 (Mo. Ct. App. 1999).
· cites it 33× “Defendant landowner appeals from the trial court’s denial of its motion for payment of interest on a damage award in an abandoned condemnation proceeding under Section 523.045 RSMo (1994). We affirm for the reason that the trial court did not abuse its discretion in denying the…”
State Ex Rel. Missouri Highways & Transp. Comm'n v. Greenwood, 269 S.W.3d 449 (Mo. Ct. App. 2008).
· cites it 13× “10 (stating, “[i]n 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.” (Emphasis added.”
Akers v. City of Oak Grove, 246 S.W.3d 916 (Mo. 2008).
· cites it 5× “The right to prejudgment interest in cases of direct condemnation has since been codified, see section 523.045, RSMo 2000. This right stems from the constitution, not just the statute.”
St. Louis Cnty. v. Berck, 322 S.W.3d 622 (Mo. Ct. App. 2010).
· cites it 16× “Berck also filed a motion for assessment of interest regarding the Joint Property pursuant to Section 523.045, ask- *626 tag the trial court to award him interest at the rate of six percent on the amount of the commissioners’ award from the date the commissioners’ report was…”
Zach McGuire v. Kenoma, LLC, 447 S.W.3d 659 (Mo. 2014).
· cites it 3× “order plaintiffs to repay the difference between their jury award and the amount already paid to them by the condemnation commissioners, as required by section 523.045, RSMo 1986. Id. at 20 . The trial court issued a nunc pro tunc judgment requiring the repayment.”
State Ex Rel. Missouri High. & Transp. Comm'n v. Roth, 735 S.W.2d 19 (Mo. Ct. App. 1987).
· cites it 10× “Missouri Highway responds that the original judgment rendered correctly reflected the jury verdict; however, respondent argues the judgment was not recorded in accordance with section 523.”
Missouri State Park Bd. v. McDaniel, 513 S.W.2d 447 (Mo. 1974).
· cites it 19× “This judgment for interest was on the authorization of § 523.045, *449 RSMo 1969, V.A.M.S. Plaintiff has appealed and we affirm.”
State Ex Rel. State High. Comm'n v. Kendrick, 383 S.W.2d 740 (Mo. 1964).
· cites it 9× “” The conten *747 tion is that not until August 29, 1959 2 was there any authority in this state for the allowance of interest on the excess of a judgment over and above the commissioners’ award; that § 523.045 affects substantive rights and cannot be construed retrospectively…”
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