Mo. R. Civ. P. 86.03

As amended through November 19, 2024
Rule 86.03 - Parties

The individual or individuals, village trustees, corporation or organization, private or municipal, that has authority to bring a condemnation proceeding shall be the plaintiff or plaintiffs in such condemnation proceedings; the owners of any or all of the property that is to be condemned, or the use of which is to be condemned, or which will be benefited by an improvement involved in a condemnation proceeding, or who may have an interest therein may be made parties defendant. If the proceedings seek to affect the properties of persons under guardianship, the guardians must be made parties defendant. If the present owner of any land to be affected has a less estate than a fee, the person or persons having the next vested estate in reversion or in remainder and having future interest may, at the option of the petitioners, be made a party defendant; but, if any one having an interest in such property is not made a party, that person's interest shall not be bound by the proceedings. It shall not be necessary to make any persons parties defendants in respect to their ownership unless they are either (1) in actual possession of the property to be affected, claiming title or (2) have a title to the premises appearing of record upon the proper records of the county in which they lie. When legislation must be passed by a municipality before it is permitted to condemn property, it shall not be required in any case to bring any persons into the condemnation proceedings other than the owners of the property, or those interested therein, who were such at the time of the taking of effect of said legislation, and the parties claiming or holding through, or under, such owners, or parties interested, or any of them shall be bound by the proceedings as fully as if they were brought in.

The individual or individuals, village trustees, corporation or organization, private or municipal, which has authority to bring a condemnation proceeding shall be the plaintiff or plaintiffs in such condemnation proceedings; the owners of any or all of the property which is to be condemned, or the use of which is to be condemned, or which will be benefited by an improvement involved in a condemnation proceeding, or who may have an interest therein, may be made parties defendant. If the proceedings seek to affect the properties of persons under guardianship, the guardians must be made parties defendant. If the present owner of any land to be affected has a less estate than a fee, the person or persons having the next vested estate in reversion or in remainder and having future interest, may, at the option of the petitioners, be made a party defendant; but, if any one having an interest in such property is not made a party, his interest shall not be bound by the proceedings. It shall not be necessary to make any persons parties defendants in respect to their ownership unless they are either (1) in actual possession of the property to be affected, claiming title, or (2) have a title to the premises appearing of record upon the proper records of the county in which they lie. When legislation must be passed by a municipality before it is permitted to condemn property, it shall not be required in any case to bring any persons into the condemnation proceedings other than the owners of the property, or those interested therein, who were such at the time of the taking of effect of said legislation, and the parties claiming or holding through, or under, such owners, or parties interested, or any of them shall be bound by the proceedings as fully as if they were brought in.

Mo. R. Civ. P. 86.03

Amended Sept. 28, 1993, eff. 1/1/1994.

Committee Note - 1959

New.

Compare: Section 523.010, RSMo 1959.

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