393.070. Clerk of court shall give notice of petitions.
240 words·~1 min read·
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393.070. Clerk of court shall give notice of petitions. — Upon the filing of such report of the commissioners, the clerk of the court where the same is filed shall duly notify the party whose property is affected of the filing thereof, and as well the corporation, company or individual; and the report of said commissioners may be reviewed by the court in which the proceedings are had, on written exceptions, filed by either party in the clerk's office within ten days after service of the notice aforesaid, and the court shall make such order therein as right and justice may require, and may order a new appraisement upon good cause shown.
Such new appraisement shall, at the request of either party, be made by a jury under the supervision of the court, as in ordinary cases of inquiry of damages; but notwithstanding such exceptions, such corporation, company or individual may proceed to appropriate the property so condemned and use it for any or all of the purposes aforesaid, and any subsequent proceedings shall only affect the amount of compensation to be allowed. In all cases arising under the provisions of sections 393.030 to 393.060 , the report of the commissioners, when signed by a majority of them, shall be taken and considered as the report of all.
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(RSMo 1939 § 5376, A.L. 1943 p. 410 § 160)
Prior revisions: 1929 § 4969; 1919 § 10179; 1909 § 3373