88.060. Condemnation of property--assessments a lien--special executions. - Missouri Statutes

State Codes and Statutes

Statutes > Missouri > T07 > C088 > 88_060

Condemnation of property--assessments a lien--special executions.

88.060. 1. Said assessments for benefits shall be a lienfrom the date of the taking effect of the initiatory ordinanceand shall continue until the assessment against such lot, tractor parcel of land has been fully paid or a sale made thereunder.No assessment shall be defeated or affected by any irregularityaffecting only other assessments. In case of failure of theproceedings as to any part of the land to be condemnedsupplementary proceedings may be had as to such part. Damagesallowed and benefits assessed shall bear interest from the dateof final judgment until paid at the rate of six percent perannum, but in case of any deficiency in the interest collectedupon benefit assessments, the city shall pay the deficit. Incase of failure to collect any assessments in full or in part byfailure of the property to sell for a sufficient price to fullypay same and costs of sale, or otherwise, the city shall pay theamount of such deficit or loss. The city may pay all or any partof the assessments and have execution therefor in its own right.

2. Special executions may be issued against any propertyassessed for benefits at the instance of the city or of any partyentitled to damages under the judgment, and such specialexecution shall be entitled as the case is docketed withoutnaming any owner of the property, and proceedings thereon andsale thereunder shall be governed by the ordinary rulesapplicable to special executions against real estate. Paymentsshall be made to the clerk of the court in which the judgment isrendered, and if made at different times the clerk may disbursethe same by prorating the amount or amounts so received by himamong the various lots, tracts or parcels of land for whichdamages have been allowed, in proportion to the allowance foreach, and paying the respective amounts to the owner thereof.

(RSMo 1939 §§ 6768, 7007, 7237, 7238, 7492, A. 1949 H.B. 2036)
Prior revisions: 1929 §§ 6640, 6861, 7087, 7088, 7339; 1919 §§ 8128, 8343, 8537, 8538, 8753; 1909 § 9270

State Codes and Statutes

Statutes > Missouri > T07 > C088 > 88_060

Condemnation of property--assessments a lien--special executions.

88.060. 1. Said assessments for benefits shall be a lienfrom the date of the taking effect of the initiatory ordinanceand shall continue until the assessment against such lot, tractor parcel of land has been fully paid or a sale made thereunder.No assessment shall be defeated or affected by any irregularityaffecting only other assessments. In case of failure of theproceedings as to any part of the land to be condemnedsupplementary proceedings may be had as to such part. Damagesallowed and benefits assessed shall bear interest from the dateof final judgment until paid at the rate of six percent perannum, but in case of any deficiency in the interest collectedupon benefit assessments, the city shall pay the deficit. Incase of failure to collect any assessments in full or in part byfailure of the property to sell for a sufficient price to fullypay same and costs of sale, or otherwise, the city shall pay theamount of such deficit or loss. The city may pay all or any partof the assessments and have execution therefor in its own right.

2. Special executions may be issued against any propertyassessed for benefits at the instance of the city or of any partyentitled to damages under the judgment, and such specialexecution shall be entitled as the case is docketed withoutnaming any owner of the property, and proceedings thereon andsale thereunder shall be governed by the ordinary rulesapplicable to special executions against real estate. Paymentsshall be made to the clerk of the court in which the judgment isrendered, and if made at different times the clerk may disbursethe same by prorating the amount or amounts so received by himamong the various lots, tracts or parcels of land for whichdamages have been allowed, in proportion to the allowance foreach, and paying the respective amounts to the owner thereof.

(RSMo 1939 §§ 6768, 7007, 7237, 7238, 7492, A. 1949 H.B. 2036)
Prior revisions: 1929 §§ 6640, 6861, 7087, 7088, 7339; 1919 §§ 8128, 8343, 8537, 8538, 8753; 1909 § 9270

State Codes and Statutes

Back To Homepage

State Codes and Statutes

Statutes > Missouri > T07 > C088 > 88_060

Condemnation of property--assessments a lien--special executions.

88.060. 1. Said assessments for benefits shall be a lienfrom the date of the taking effect of the initiatory ordinanceand shall continue until the assessment against such lot, tractor parcel of land has been fully paid or a sale made thereunder.No assessment shall be defeated or affected by any irregularityaffecting only other assessments. In case of failure of theproceedings as to any part of the land to be condemnedsupplementary proceedings may be had as to such part. Damagesallowed and benefits assessed shall bear interest from the dateof final judgment until paid at the rate of six percent perannum, but in case of any deficiency in the interest collectedupon benefit assessments, the city shall pay the deficit. Incase of failure to collect any assessments in full or in part byfailure of the property to sell for a sufficient price to fullypay same and costs of sale, or otherwise, the city shall pay theamount of such deficit or loss. The city may pay all or any partof the assessments and have execution therefor in its own right.

2. Special executions may be issued against any propertyassessed for benefits at the instance of the city or of any partyentitled to damages under the judgment, and such specialexecution shall be entitled as the case is docketed withoutnaming any owner of the property, and proceedings thereon andsale thereunder shall be governed by the ordinary rulesapplicable to special executions against real estate. Paymentsshall be made to the clerk of the court in which the judgment isrendered, and if made at different times the clerk may disbursethe same by prorating the amount or amounts so received by himamong the various lots, tracts or parcels of land for whichdamages have been allowed, in proportion to the allowance foreach, and paying the respective amounts to the owner thereof.

(RSMo 1939 §§ 6768, 7007, 7237, 7238, 7492, A. 1949 H.B. 2036)
Prior revisions: 1929 §§ 6640, 6861, 7087, 7088, 7339; 1919 §§ 8128, 8343, 8537, 8538, 8753; 1909 § 9270