Effective 28 Aug 1990

393.050. Court shall appoint three commissioners to assess damages — payment of damages. — 1. The court, or the judge thereof in vacation, on being satisfied that due notice of the pendency of the petition has been given, shall appoint three disinterested commissioners, who shall be residents of the county in which the real estate or stream of water or a part thereof is situated, to assess the damages which the owners may severally sustain by reason of such appropriation, who, after having viewed the property, shall return, under oath, such assessment of damages to the clerk of the court where such petition was filed, setting forth the amount of damages; and should more than one owner be included in the petition, then the damages allowed each shall be stated separately, together with a specific description of the property for which such damages are assessed, and the clerk shall file such report and record the same in the order book of the court; and thereupon such corporation, company or individual shall pay to the clerk the amount thus assessed, for the party in whose favor such damages have been assessed, and on making such payment, it shall be lawful for such corporation, company or individual to hold the interest in the property so appropriated for the uses prescribed in this section; and upon failure to pay the assessment, the court may, upon motion and notice by the party entitled to such damages, enforce the payment of the same by execution, unless the corporation, company or individual shall, within ten days from the time of receiving the notice of such assessment, elect to abandon the proposed appropriation of any parcel of land, by an instrument, in writing, to that effect, to be filed with the clerk, which shall be entered on the minutes of the court; and as to so much as is thus abandoned, the assessment of damages shall be void.

2. Under the provisions of this section, the commissioners or jury shall be authorized to inquire and make report as to the value of the use of any such stream, or the diversion of the waters thereof, in whole or in part, or what damage will be done by the erection and maintenance of a dam, or buildings, or the use of such stream in any manner for the purposes prescribed in this section, specifically stating to whom and upon what account damages are awarded and any person interested may appear to be made a party, and have a right to file his exceptions to such report within the time prescribed by law.

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(RSMo 1939 § 5374, A.L. 1943 p. 410 § 158, A.L. 1990 H.B. 1070)

Prior revisions: 1929 § 4967; 1919 § 10177; 1909 § 3371