523.265. Alternative locations for condemnation, procedure. — With regard to property interests acquired by condemnation or negotiations in lieu of the exercise thereof, within thirty days of receiving a written notice sent under section 523.250, the landowner may propose to the condemning authority in writing an alternative location for the property to be condemned, which alternative location shall be on the same parcel of the landowner's property as the property the condemning authority seeks to condemn. The proposal shall describe the alternative location in such detail that the alternative location is clearly defined for the condemning authority. The condemning authority shall consider all such alternative locations. This section shall not apply to takings of an entire parcel of land. A written statement by the condemning authority to the landowner that it has considered all such alternative locations, and briefly stating why they were rejected or accepted, is conclusive evidence that sufficient consideration was given to the alternative locations.
Notes of Decisions
Telester Ameena Powell v. The City of Kansas City, Missouri, 472 S.W.3d 219 (Mo. Ct. App. 2015).
· cites it 9× “In that count, she asserted that, pursuant to § 523.265, the "City was required to respond in writing to her proposed alternative location for condemnation and that the City violated § 610.”
City of Kansas City, Missouri v. Telester Ameena Powell, 451 S.W.3d 724 (Mo. Ct. App. 2014).
· cites it 7× “(3) The owner has been given an opportunity to obtain his or her own appraisal from a state-licensed or state-certified appraiser of his or her choice; and (4) Where applicable, it has considered an alternate location suggested by the owner under section 523.265. § 523.256. “If…”
City of Richmond Heights v. Waite, 280 S.W.3d 770 (Mo. Ct. App. 2009).
· cites it 2× “iven to the property owner, or the offer not be lower than the amount provided in the basis for its determination of the property’s value; 3) the owner have the opportunity to obtain his or her own appraisal from a state-licensed or state-certified appraiser; and 4) where…”
City of Kansas City v. Chung Hoe Ku, 282 S.W.3d 23 (Mo. Ct. App. 2009).
· cites it 2× “253; (3) The owner has been given an opportunity to obtain his or her own appraisal from a state-licensed or state-certified appraiser of his or her choice; and (4) Where applicable, it has considered an alternate location suggested by the owner under section 523.265. Id. The…”
Carroll Elec. Coop. Corp. v. Lambert, 403 S.W.3d 637 (Mo. Ct. App. 2012).
· cites it 3× “” Barton testified that, within 30 days after the notice was mailed, Finley received no written request from Landowners to relocate the easement, as provided under § 523.265. In December 2010, Carroll Electric mailed an “Offer Letter” to each of the Landowners, offering to…”
Planned Indus. Expansion Auth. of Kansas City v. Ivanhoe Neighborhood Council, 316 S.W.3d 418 (Mo. Ct. App. 2010).
· cites it 2× “253; (3) The owner has been given an opportunity to obtain his or her own appraisal from a state-licensed or state-certified appraiser of his or her choice; and (4) Where applicable, it has considered an alternate location suggested by the owner under section 523.265. § 523.256.…”
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