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Missouri Revised Statutes

Mo. Rev. Stat. § 523.060 (2026)

Right of trial by jury in condemnation proceedings

✓ current as of May 2026
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  523.060.  Right of trial by jury in condemnation proceedings — jury responsibility in determining fair market value. — 1.  Any plaintiff or defendant, individual or corporate, shall have the right of trial by jury of twelve persons, if either party file exceptions to the award of commissioners in any condemnation case.

  2.  Such jury shall use the definition of fair market value provided for in subdivision (1) of section 523.001.

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(L. 1945 p. 1072 § 1, A.L. 2006 H.B. 1944)

Notes of Decisions
Cited in 13 cases, 1954–2013 · leading case: State Ex Rel. C.F. White Fam. P'ship v. Roldan, 271 S.W.3d 569 (Mo. 2008).
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State Ex Rel. C.F. White Fam. P'ship v. Roldan, 271 S.W.3d 569 (Mo. 2008). · cites it 4× “If a jury trial of exceptions occurs under section 523.060, the circuit judge presiding over the condemnation proceeding shall apply the provisions of section 523.”
St. Louis Cnty. v. River Bend Estates Homeowners' Ass'n, 408 S.W.3d 116 (Mo. 2013). · cites it 2× “This argument is based on the county’s claim that the language of section 523.060, referencing “just compensation,” mandates that all amounts paid under the statute are constitutional compensation that must be ascertained by a jury.”
Kansas City v. Webb, 484 S.W.2d 817 (Mo. 1972). · cites it 6× “” § 523.060, RSMo 1959 (Laws Mo.1945, p. 1072).”
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 25× “” Paragraph 6 of Osage’s alterna-five motion for new trial alleged that the verdict was against the weight of the evidence and paragraph 16 alleged that the verdict was “grossly inadequate.”
State Ex Rel. Missouri High. & Transp. Comm'n v. Dale, 309 S.W.3d 380 (Mo. Ct. App. 2010). · cites it 3× “02 does not comply with sections 523.060 and 523.001(1) upon which it is based; 5 and 4) that the unmodified version of MAI 9.”
State ex rel. State High. Comm'n v. Kimberlin, 267 S.W.2d 51 (Mo. Ct. App. 1954). · cites it 9× “” Respondent in his brief says that the interpretation to be placed upon Section 523.060 RSMo 1949, V.A.M.S. (L.1943, p.”
State ex rel. State High. Comm'n v. Curtis, 283 S.W.2d 458 (Mo. 1955). · cites it 3× “) Further, Section 523.060 RSMo 1949, V.A.M.S., expressly provides, that “Any plaintiff or defendant, individual or corporate, shall have the right of trial by jury of twelve persons, if either party file exceptions to the award of commissioners in any condemnation case.”
City of St. Louis v. Gruss, 263 S.W.2d 387 (Mo. 1954). · cites it 5× “Prior to a review of the exceptions before the trial judge, the defendant filed an original proceeding in prohibition in this court to prevent such review.”
State Ex Rel. Washington Univ. Med. Ctr. Redevelopment Corp. v. Gaertner, 626 S.W.2d 373 (Mo. 1982). “Relator argued to the court of appeals, as it does to this Court, that § 523.060 and Rule 86.06 establish that a trial in a condemnation case is limited to consideration of the exceptions filed by either party to the appraisal made by the commissioners of damages incurred by the…”
State Ex Rel. State High. Comm'n v. Demarco, 445 S.W.2d 379 (Mo. Ct. App. 1969). · cites it 2× “Section 523.060, R.S.Mo. (1959), and see, e.”
City of Branson v. Branson Hills Master Ass'n, 292 S.W.3d 467 (Mo. Ct. App. 2009). · cites it 2× “2005, that specifies that the action permitted by that section “shall, at the request of either party, be made by a jury " (emphasis added) and § 523.060, RSMo 2000, that addresses “the right to trial by jury .”
Cnty. of Greene v. Hammons, 389 S.W.2d 843 (Mo. 1965). · cites it 2× “Section 523.060 provides that: “Any plaintiff or defendant, individual or corporate, shall have the right of trial by jury of twelve persons, if either party file exceptions to the award of commissioners in any condemnation case.”
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