523.050. Commissioners' report — notice of filing — review. — 1. Upon the filing of such report of the commissioners, the clerk of the court in which the same is filed shall duly notify the party whose property is affected of the filing; and the report of the commissioners may be reviewed by the court in which the proceedings are had, on written exceptions, filed by either party in the clerk's office, within thirty days after the service of such notice; and the court shall make such order as right and justice may require, and may order a new appraisement, upon good cause shown.
2. Such new appraisement shall, at the request of either party, be made by a jury, under the supervision of the court, as in ordinary cases of inquiry of damages; but notwithstanding such exceptions, such company may proceed to erect such telephone or telegraph line, or construct such road or railroad; and any subsequent proceedings shall only affect the amount of compensation to be allowed. In all cases arising under the provisions of this chapter, the report of commissioners, when signed by a majority of them, shall be taken and considered as the report of all.
3. If after ninety days after the award is paid into court no agreement has been filed and no party having an interest in the award has filed a distribution motion, the court shall determine the percentage of the award to which each party having an interest in it is entitled.
Notes of Decisions
State Ex Rel. C.F. White Fam. P'ship v. Roldan, 271 S.W.3d 569 (Mo. 2008).
· cites it 10× “As both parties have filed exceptions to the commission's report, there will now be a jury trial to make a new appraisement and to make the factual findings necessary to determine heritage value.”
Ctr. Sch. Dist. No. 58 of Jackson Cnty. v. Kenton, 345 S.W.2d 120 (Mo. 1961).
· cites it 4× “From the time of the institution of this action up to and including the abandonment thereof, the procedure was governed generally by Chapter 523 of said statutes.”
State Ex Rel. State High. Comm'n v. Vorhof-Duenke Co., 366 S.W.2d 329 (Mo. 1963).
· cites it 2× “Section 523.050(2) provides that where exceptions to the report of the commissioners are filed the new appraisement shall, at the request of either party, be made by a jury under the supervision of the-court “as in ordinary cases of inquiry of damages”.”
State ex rel. State High. Comm'n v. Curtis, 283 S.W.2d 458 (Mo. 1955).
· cites it 3× “In this connection Section 523.050 RSMo 1949, V.A.M.S., in part, provides: “ * * * the report of said commissioners may be reviewed by the court in which the proceedings are had, on written exceptions, filed by either party in the clerk’s office, within 10 days after the service…”
State ex rel. State High. Comm'n v. Cool's Tall Tower, Restaurant & Marina, 700 S.W.2d 114 (Mo. Ct. App. 1985).
· cites it 11× “Finally, the commission argues that it was entitled to a jury because it had made a timely request for a jury and “no statute exists precluding the commission from requesting a jury trial,” on both of which this court agrees, and that the trial court ignored Section 22 and…”
State ex rel. State High. Comm'n v. Leftwich, 263 S.W.2d 742 (Mo. Ct. App. 1953).
· cites it 3× “of the time of such sales, or any similarity to the land in question as to the use of the tracts ; that the verdict was against the credible evidence; that error was made in the giving of Instructions 1, 2, and 3 for the defendants, unduly emphasizing the taking of private…”
State Ex Rel. State High. Comm'n v. Galloway, 292 S.W.2d 904 (Mo. Ct. App. 1956).
· cites it 2× “Section 523.050 provides for the filing of exceptions to the commissioners’ award and having a new appraisement made by jury.”
State Ex Rel. State, State High. Comm'n v. Mahon, 350 S.W.2d 111 (Mo. Ct. App. 1961).
· cites it 2× “The State Highway Commission is authorized to condemn lands for highway purposes by the provisions of Chapter 523. (See also Secs. 227.120(13) and 226.”
North Kansas City Sch. Dist. of Clay Cnty. v. J. A. Peterson-Renner, Inc., 369 S.W.2d 159 (Mo. 1963).
· cites it 2× “050] is in pari materia with section 1266, and must he read in connection with it, and the true meaning and purpose of the lawmakers must be gathered from the whole act, including all its parts, its context, spirit, and object, as well as the words, or the location in any one…”
State Ex Rel. State High. Comm'n v. Mink, 292 S.W.2d 940 (Mo. Ct. App. 1956).
· cites it 2× “‘ And in addition thereto, you will award such damages, if any, to the remainder of - defendants’ land and the improvements thereon' situate as you may find are caused by the taking ’ of' 'defendants’ said' strip of land described in evidence and appropriated by plaintiff in…”
Reiz v. Bd. of Zoning Adjustment of Kansas City, 316 S.W.3d 331 (Mo. Ct. App. 2010).
“§§ 523.050, 523.060. Evidence of the fair market value of the property at the time of the taking might include a valuation based upon an income approach.”
Mo. Rev. Stat. § 523.050(2): 4 cases
State Ex Rel. State High. Comm'n v. Vorhof-Duenke Co., 366 S.W.2d 329 (Mo. 1963).
“Section 523.050(2) provides that where exceptions to the report of the commissioners are filed the new appraisement shall, at the request of either party, be made by a jury under the supervision of the-court “as in ordinary cases of inquiry of damages”.”
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