State Codes and Statutes

Statutes > Missouri > T36 > C523 > 523_055

Possession of land delivered, when, notice--writ of possession,executed how.

523.055. In any action to condemn lands under the power of eminentdomain, where the condemnor has paid into the office of the clerk of thecircuit court the amount of damages assessed by commissioners pursuant tolaw, the circuit clerk shall give the owners or those in possession writtennotice of such fact within five days. If the owners or those in possessiondo not deliver possession of the property condemned within ten days afterthe receipt of notice of the payment of the award, then on the request ofthe condemnor the court shall issue a writ of possession directing thesheriff to deliver the possession of such property to the condemnorforthwith; except that the court may upon the motion of the occupants orowners grant them such extension of time, not to exceed ninety days, as thecourt finds to be reasonable under all the circumstances. However, anydisplaced owner of a principal place of residence shall have one hundreddays from the date of the award. The writ of possession shall be executedin the manner provided by law for the execution of writs of possession inejectment suits for the recovery of land. If a writ of possession isissued or a motion filed asking for an extension, then all costs accrued inexecuting the writ and in the hearing of the motion may be assessed againstthe said owners.

(L. 1959 S.B. 133 § 1, A.L. 2006 H.B. 1944)

State Codes and Statutes

Statutes > Missouri > T36 > C523 > 523_055

Possession of land delivered, when, notice--writ of possession,executed how.

523.055. In any action to condemn lands under the power of eminentdomain, where the condemnor has paid into the office of the clerk of thecircuit court the amount of damages assessed by commissioners pursuant tolaw, the circuit clerk shall give the owners or those in possession writtennotice of such fact within five days. If the owners or those in possessiondo not deliver possession of the property condemned within ten days afterthe receipt of notice of the payment of the award, then on the request ofthe condemnor the court shall issue a writ of possession directing thesheriff to deliver the possession of such property to the condemnorforthwith; except that the court may upon the motion of the occupants orowners grant them such extension of time, not to exceed ninety days, as thecourt finds to be reasonable under all the circumstances. However, anydisplaced owner of a principal place of residence shall have one hundreddays from the date of the award. The writ of possession shall be executedin the manner provided by law for the execution of writs of possession inejectment suits for the recovery of land. If a writ of possession isissued or a motion filed asking for an extension, then all costs accrued inexecuting the writ and in the hearing of the motion may be assessed againstthe said owners.

(L. 1959 S.B. 133 § 1, A.L. 2006 H.B. 1944)


State Codes and Statutes

State Codes and Statutes

Statutes > Missouri > T36 > C523 > 523_055

Possession of land delivered, when, notice--writ of possession,executed how.

523.055. In any action to condemn lands under the power of eminentdomain, where the condemnor has paid into the office of the clerk of thecircuit court the amount of damages assessed by commissioners pursuant tolaw, the circuit clerk shall give the owners or those in possession writtennotice of such fact within five days. If the owners or those in possessiondo not deliver possession of the property condemned within ten days afterthe receipt of notice of the payment of the award, then on the request ofthe condemnor the court shall issue a writ of possession directing thesheriff to deliver the possession of such property to the condemnorforthwith; except that the court may upon the motion of the occupants orowners grant them such extension of time, not to exceed ninety days, as thecourt finds to be reasonable under all the circumstances. However, anydisplaced owner of a principal place of residence shall have one hundreddays from the date of the award. The writ of possession shall be executedin the manner provided by law for the execution of writs of possession inejectment suits for the recovery of land. If a writ of possession isissued or a motion filed asking for an extension, then all costs accrued inexecuting the writ and in the hearing of the motion may be assessed againstthe said owners.

(L. 1959 S.B. 133 § 1, A.L. 2006 H.B. 1944)