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Section: 238.0247 Condemnation, subject to commission or authority approval, ordinance of local governing body--procedures--relocation expenses to be paid, how. RSMO 238.247


Published: 2015

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Missouri Revised Statutes













Chapter 238

Transportation Districts and Transportation Corporations, Special Projects

←238.245

Section 238.247.1

238.250→

August 28, 2015

Condemnation, subject to commission or authority approval, ordinance of local governing body--procedures--relocation expenses to be paid, how.

238.247. 1. The district may condemn lands for a project in the name of

the state of Missouri, upon prior approval by the commission, or the local

transportation authority and by ordinance of the local governing body as

appropriate, as to the necessity for the taking of the description of the

parcel and the interest taken in that parcel.



2. If condemnation becomes necessary the district shall act under chapter

523 and may condemn a fee simple or other interest in land.



3. The district may, after prior notice to the owner to enter upon

private property, survey and determine the most advantageous route and

design. The district shall be liable for all damages done to the property by

such inspection.



4. Any person who involuntarily transfers any interest in land to a

district which becomes insolvent and comes under the jurisdiction of a court

may reacquire that property by paying to the district the total amount of the

condemnation award for that parcel, plus statutory interest at the statutory

rate from the date of taking on the amount of that award, if the project will

not be completed by either the district, the commission or a local

transportation authority.



5. Whenever a district undertakes any project which results in the

acquisition of real property or in any person or persons being displaced from

their homes, businesses, or farms, the district shall provide relocation

assistance and make relocation payments to such displaced person and do such

other acts and follow such procedures as would be necessary to comply with

the federal Uniform Relocation Assistance and Real Property Acquisition

Policies Act of 1970, as amended.



(L. 1990 S.B. 479 & 649 § 54, A.L. 2006 H.B. 1944)





1991



1991



238.247. 1. The district may condemn lands for a project

in the name of the state of Missouri, upon prior approval by the

commission, or the local transportation authority as

appropriate, as to the necessity for the taking of* the description

of the parcel and the interest taken in that parcel.



2. If condemnation becomes necessary the district shall act

under chapter 523, RSMo, and may condemn a fee simple or other

interest in land.



3. The district may, after prior notice to the owner to

enter upon private property, survey and determine the most

advantageous route and design. The district shall be liable for

all damages done to the property by such inspection.



4. Any person who involuntarily transfers any interest in

land to a district which becomes insolvent and comes under the

jurisdiction of a court may reacquire that property by paying to

the district the total amount of the condemnation award for that

parcel, plus statutory interest at the statutory rate from the

date of taking on the amount of that award, if the project will

not be completed by either the district, the commission or a

local transportation authority.



5. Whenever a district undertakes any project which results

in the acquisition of real property or in any person or persons

being displaced from their homes, businesses, or farms, the

district shall provide relocation assistance and make relocation

payments to such displaced person and do such other acts and

follow such procedures as would be necessary to comply with the

federal Uniform Relocation Assistance and Real Property

Acquisition Policies Act of 1970, as amended.



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