523.253. Written offer, requirements — explanation of determination of property value. — 1. A condemning authority shall present a written offer to all owners of record of the property. The offer must be made at least thirty days before filing a condemnation petition and shall be held open for the thirty-day period unless an agreement is reached sooner. The offer shall be deposited in the United States mail, certified or registered, and with postage prepaid, addressed to the owner of record as listed in the office of the city or county assessor for the city or county in which the property is located. The receipt issued to the condemning authority by the United States Post Office for certified or registered mail shall constitute proof of compliance with this requirement; provided, however, that nothing in this section shall preclude a condemning authority from proving compliance with this requirement by other competent evidence. Nothing in this section shall prohibit the parties from negotiating during the thirty-day period.
2. (1) Any condemning authority shall, at the time of the offer, provide the property owner with an appraisal or an explanation with supporting financial data for its determination of the value of the property for purposes of the offer made in subsection 1 of this section.
(2) Any appraisal referred to in this section shall be made by a state-licensed or state-certified appraiser using generally accepted appraisal practices.
Notes of Decisions
City of Richmond Heights v. Waite, 280 S.W.3d 770 (Mo. Ct. App. 2009).
· cites it 42× “” Section 523.253. This provision further details various requirements as to when and how the offer must be made.”
Planned Indus. Expansion Auth. of Kansas City v. Ivanhoe Neighborhood Council, 316 S.W.3d 418 (Mo. Ct. App. 2010).
· cites it 43× “Good faith negotiations include, among other things, submitting an offer to the owners of the properties pursuant to section 523.253. Id. The offer must include either an appraisal conducted by licensed appraisers who used generally accepted appraisal practices or an explanation…”
City of Kansas City v. Chung Hoe Ku, 282 S.W.3d 23 (Mo. Ct. App. 2009).
· cites it 11× “A condemning authority is deemed to have engaged in good faith negotiations if: (1) It has properly and timely given all notices to owners required by this chapter; (2) Its offer under section 523.253 was no lower than the amount reflected in an appraisal performed by a…”
City of Kansas City, Missouri v. Telester Ameena Powell, 451 S.W.3d 724 (Mo. Ct. App. 2014).
· cites it 7× “” The statute further states that “[a] condemning authority shall be deemed to have engaged in good faith negotiations if: (1) It has properly and timely given all notices to owners required by this chapter; (2) Its offer under section 523.253 was no lower than the amount…”
United States Tr. v. Gregg (In re Gregg), 510 B.R. 614 (Bankr. W.D. Mo. 2014).
· cites it 2× “These Exhibits are dated May 24, 2013, and titled “Written Offers for the Intended Acquisition Eminent Domain or Out of Court Settlement Thereof Pursuant to Section 523.253 RSMO Requirements.” Pursuant to these documents, the Debtor and his wife “accept” written offers for all…”
— Mo. Rev. Stat. § 523.253(2) — 1 case
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