523.053. Distribution of condemnation awards among defendants. — 1. Within thirty days after the commissioners' award has been paid to the clerk of the court, where there is more than one defendant, those defendants claiming a determinable interest in the proceeds of said award may file with the court an agreement setting out the manner and the percentages in which said award is to be divided among them. If no such agreement is filed during said thirty-day period, any defendant claiming such an interest may by motion for distribution petition the court in which said cause is pending for a determination of the percentage of the commissioners' award to which each of said parties is entitled; provided, that the plaintiff in said condemnation action may have the right to intervene as an interested party in said proceeding, whether it be by the filing of an agreement among the defendants or by the filing of a motion for distribution of the award, and shall be entitled to prior notice of the filing of said agreement or notice of the filing of the motion for said determination and distribution.
2. Within thirty days after the filing of such motion, the court having jurisdiction of said cause shall determine the percentage of the award to which each party having an interest therein is entitled. Any party aggrieved of the determination of interests made by the court shall have the right of appeal therefrom, and the same shall be considered as a final judgment for such purposes.
3. The respective interests of all parties in the award made as a result of the condemnation action, whether determined by said agreement or by the court, shall be final and shall extend by percentage to any additional compensation awarded or any reduction of the award thereafter made, together with interest, on the trial of exceptions, and said interests established shall be binding on all parties, plaintiff and defendant; provided, that when the determinable interest of any defendant is not related to the difference in the value of the property before and after the taking by condemnation, such share set out in the agreement or the court's finding thereof shall not be affected by any increase or reduction so long as the final award is not less than such interest.
4. Any evidence relating to the terms of said determination of interest shall not be admissible as evidence before the jury on the trial of said exceptions.
Notes of Decisions
State Ex Rel. State High. Comm'n v. Morganstein, 588 S.W.2d 472 (Mo. 1979).
· cites it 11× “1969), wherein the Court described the apportionment scheme for distribution of condemnation awards under § 523.053, RSMo 1969. In Eilers , as here, the trial court entered an in personam judgment requiring that defendants repay condemnor the amount by which the jury had reduced…”
State ex rel. State High. Comm'n v. Gould, 592 S.W.2d 172 (Mo. Ct. App. 1979).
· cites it 21× “The second ground advanced was the assertion of the bank that § 523.053 RSMo 1978 was a bar to any further proceedings against the bank on the theory that the state had not intervened at the time of distribution to the DeGraces and that, therefore, they had waived any right to…”
State Ex Rel. Missouri High. & Transp. Comm'n v. Roth, 735 S.W.2d 19 (Mo. Ct. App. 1987).
· cites it 11× “00 award into the registry of the court which appellants withdrew in October, 1976 under the authority of section 523.053 RSMo 1969 (now 1986). At the trial in 1983 on the exceptions, the jury returned a verdict assessing the damages of Donald E.”
State ex rel. Missouri High. & Transp. Comm'n v. Gillespie, 86 S.W.3d 459 (Mo. Ct. App. 2002).
· cites it 8× “Ryan Ruckman 1 appeals from the judgment of the Circuit Court of Gentry County distributing, pursuant to § 523.053, 2 the commissioners’ award of $115,700 in a condemnation proceeding filed by the Missouri Highway and Transportation Commission (MHTC), condemning, inter alia, a…”
State Ex Rel. State High. Comm'n v. Demarco, 445 S.W.2d 379 (Mo. Ct. App. 1969).
· cites it 12× “This is a statutory proceeding to apportion and distribute an award of damages for condemnation, as provided by Section 523.053, R.S.Mo. (Cum.Supp.1967).”
Manfield v. Auditorium Bar & Grill, Inc., 965 S.W.2d 262 (Mo. Ct. App. 1998).
· cites it 5× “From the jury instructions and the fact the jury assessed the defendants’ damages at $400,000, with “defendants” including ABG, as well as the respondent, the appellants argue that it is reasonable to infer that the respondent had been paid for the fixtures purchased by ABG from…”
State v. Muegge, 842 S.W.2d 192 (Mo. Ct. App. 1992).
· cites it 5× “Section 523.053(2), RSMo.1986, entitled “Distribution of condemnation awards among defendants”, provides: Within thirty days after the filing of such motion, the court having jurisdiction of said cause shall determine the percentage of the award to which each party having an…”
City of Kansas City v. Manfield, 926 S.W.2d 51 (Mo. Ct. App. 1996).
· cites it 5× “Manfield filed a motion under § 523.053, RSMo 1986 seeking a determination by the court of Manfield’s exclusive entitlement to these funds.”
— Mo. Rev. Stat. § 523.053(1) — 2 cases
— Mo. Rev. Stat. § 523.053(2) — 3 cases
State v. Muegge, 842 S.W.2d 192 (Mo. Ct. App. 1992).
“Section 523.053(2), RSMo.1986, entitled “Distribution of condemnation awards among defendants”, provides: Within thirty days after the filing of such motion, the court having jurisdiction of said cause shall determine the percentage of the award to which each party having an…”
— Mo. Rev. Stat. § 523.053(3) — 1 case
State ex rel. State High. Comm'n v. Gould, 592 S.W.2d 172 (Mo. Ct. App. 1979).
“The second ground advanced was the assertion of the bank that § 523.053 RSMo 1978 was a bar to any further proceedings against the bank on the theory that the state had not intervened at the time of distribution to the DeGraces and that, therefore, they had waived any right to…”
— Mo. Rev. Stat. § 523.053(4) — 1 case
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