Mo. Rev. Stat. » Chapter 523
Missouri Revised Statutes

Mo. Rev. Stat. § 523.070 (2026)

Costs, by whom paid

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  523.070.  Costs, by whom paid. — The cost of the proceeding to appropriate the right-of-way shall be paid by the company seeking the appropriation, up to and including the filing and copying of the report of the commissioners' and the court, as to any costs made by subsequent litigation, may make such order as in its discretion may be deemed just.  The court shall allow the commissioners a reasonable compensation for their services, which shall be taxed as costs in the proceedings.

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(RSMo 1939 § 1509)

Prior revisions: 1929 § 1345; 1919 § 1796; 1909 § 2365

Notes of Decisions
Cited in 8 cases, 1954–2014 · leading case: Ctr. Sch. Dist. No. 58 of Jackson Cnty. v. Kenton, 345 S.W.2d 120 (Mo. 1961).
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Ctr. Sch. Dist. No. 58 of Jackson Cnty. v. Kenton, 345 S.W.2d 120 (Mo. 1961). · cites it 12× “*123 Defendants cite § 523.070, which provides: "The cost of the proceeding [in condemnation] shall be paid by the company seeking the appropriation, up to and including the filing and copying of the report of the commissioners; and the court, as to any costs made by subsequent…”
66, Inc. v. Crestwood Commons Redevelopment Corp., 130 S.W.3d 573 (Mo. Ct. App. 2004). · cites it 2× “In Kenton the court declined to allow landowners to recover attorney’s fees and costs when the school district was proceeding under section 523.070, which did not have a provision like the charter in Lackland.”
State Ex Rel. State High. Comm'n v. Graeler, 303 S.W.2d 944 (Mo. Ct. App. 1957). · cites it 3× “It is pointed out by respondents that Section 523.070 RSMo 1949, V.A. M.S., which authorizes the trial court in condemnation cases to charge the costs against the condemnor to and including the filing and copying of the report of the commissioners, also authorizes the Court to…”
City of Kansas City, Missouri v. Telester Ameena Powell, 451 S.W.3d 724 (Mo. Ct. App. 2014). “” § 523.070. 19 . Powell again complains in this point that the commissioners, rather than the court, determined homestead value.”
Missouri & Iowa Ry. Co. v. Norfolk & W. Ry. Co., 910 S.W.2d 261 (Mo. Ct. App. 1995). · cites it 3× “Section 523.070, RSMol994 (re-scripted in Rule 86.”
St. Louis Hous. Auth. v. Jower, 267 S.W.2d 344 (Mo. Ct. App. 1954). · cites it 3× “Section 523.070 RSMo 1949, V.A.M.S. This objection was overruled.”
State ex rel. State High. Comm'n v. Klipsch, 365 S.W.2d 76 (Mo. Ct. App. 1963). · cites it 2× “Section 523.070 pertaining to costs, among other things, provides: “The court shall allow the commissioners a reasonable compensation for their services, which shall be taxed as costs in the proceedings.”
State v. Clifford, 543 S.W.2d 811 (Mo. Ct. App. 1976). · cites it 2× “It further provides that the court, as to any costs made by subsequent litigation, may make such order as in its discretion may be deemed just. All that we can read into the rule is that it allows the trial court to assess costs in the trial of the exceptions in the exercise of…”
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