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BULLET St. Louis City Revised Code Chapter 20.58 Condemnation Proceedings

St. Louis City Revised Code (annotated) has been converted to electronic format by the staff of the St. Louis Public Library. This electronic version has been done for the interest and convenience of the user. These are unofficial versions and should be used as unofficial copies.

Official printed copies of St. Louis City Revised Code may be obtained from the Register's Office at the St. Louis City Hall.


Chapter 20.58
Condemnation Proceedings

Sections:

20.58.010 Notice and place of hearings.
20.58.020 Partial reports.
20.58.030 Taking possession.
20.58.040 Final report to include partial reports.
20.58.050 Additional or supplemental petitions.
20.58.060 Commissioners sessions.
20.58.070 Comptroller duties.
20.58.080 Payment of benefits--Execution sales.
20.58.090 Satisfaction of judgment.
20.58.100 Compensation of Commissioners.
20.58.110 Clerical work.
20.58.120 Sale of condemned buildings and other material obstructions.
20.58.130 Revolving fund.

20.58.010 Notice and place of hearings.

It shall be the duty of the City Counselor, jointly with the Commissioners appointed by the circuit court in any condemnation proceedings, to publish the notice required by the Charter to be published by the Commissioners relative to their hearings. The hearings of the Commissioners shall be conducted at the City Hall in a room or office of the Law Department by the City Counselor set apart for use by the Commissioners.
(Ord. No. 68604, 2, 3-16-2010.)

20.58.020 Partial reports.

In all condemnation suits brought by the City, that are now pending, and in all suits that may hereafter be brought, the Commissioners appointed by the court may, either upon the request of the judge in whose division the suit may be pending, or of their own motion, file partial reports covering their assessments of damages, or of benefits, or of both, up to the time when the report may be filed.
(Ord. No. 68604, 2, 3-16-2010.)

20.58.030 Taking possession.

At any time after a partial report shall have been filed by Commissioners, the City may pay into court the amount of damages assessed, less benefits, if any, and thereupon it shall be entitled to take possession of and damage the property, assuming the lien of all general taxes not then payable on property actually appropriated.
(Ord. No. 68604, 2, 3-16-2010.)

20.58.040 Final report to include partial reports.

All partial reports authorized by Sections 20.58.020 and 20.58.030 shall be embodied in the final report made by the Commissioners, and any party interested may file exceptions in writing within twenty days from the filing of the final report. Parties shall have the right to file exceptions at any time after any partial report may have been filed.
(Ord. No. 68604, 2, 3-16-2010.)

20.58.050 Additional or supplemental petitions.

In any action now pending or hereafter instituted under Article XXI of the Charter, there may, from time to time, before final judgment, be filed therein by the City an additional and supplemental petition within the time and in form as required by the Charter, pursuant to and in conformity with and after any ordinance, duly recommended by the Board of Public Service, for amendment of the public use improvement or work defined, designated or proposed by prior ordinance authorizing the action, whether the same be an amendment to increase or decrease, or otherwise alter, the taking or damaging of any properties, or of estates, therein previously affected, or an amendment or omission of any properties or estates, or for addition of any properties or estates not theretofore affected, or change, increase or addition of the burdens for public use. Notice of the filing of the amended or supplemental petition, with a description of the property to be taken or damages, as amended, shall be filed and recorded, that notice in the cause shall be given by summons, or otherwise, as provided by the Charter, to any new parties defendant, owners of any property or estate not theretofore affected and to be taken or damaged upon the amendments of and for public use, and that otherwise the proceedings and orders shall be had in the cause appropriate to the status of the cause and to the amendment of the public improvements, all consistent with the provisions of the Charter. For any increased or additional taking the value of the damage to the private property shall be ascertained as of the date the amending ordinance became effective.
(Ord. No. 68604, 2, 3-16-2010.)

20.58.060 Commissioners sessions.

The Commissioners in all proceedings for opening of any street or alley shall hold their sessions at the City Hall, and each adjournment shall be to a day certain which shall be noted on the record and the case set upon the session docket for that day, and the session docket shall be opened to the inspection of the public.
(Ord. No. 68604, 2, 3-16-2010.)

20.58.070 Comptroller duties.

After final action is taken by the circuit court on the report of Commissioners in any condemnation proceedings under the Charter, and has been certified to the Comptroller, the latter shall issue to any persons wishing to pay any judgment for benefits a statement showing the amount due, and the Treasurer upon receipt of payment of any such judgment shall execute triplicate receipts issued by the Comptroller, one to the party paying, one to the Comptroller, and one to the City Counselor, and the payments shall be credited to the fund appropriated by ordinance for the condemnation proceeding.
(Ord. No. 68604, 2, 3-16-2010.)

20.58.080 Payment of benefits--Execution sales.

The benefits against property adjudged by the final action of the circuit court, in condemnation proceedings shall be paid into the City Treasury, together with interest added to the principal of the judgment from date of judgment until so paid as follows:

A. If paid within thirty days after the ordinance appropriating the money to pay damages assessed by the final action takes effect shall be with interest at the rate of one percent per year.

B. If paid after thirty days after date of judgment, then at the rate of six percent per year.

At all execution sales for the enforcement of payment of judgments, the Comptroller or someone in the Comptroller's office, designated by the Comptroller, is authorized on behalf and in the name of the City to protect the City's interest by bidding for the property to be sold, any amount not to exceed the judgment, interest, costs and expenses.
(Ord. No. 68604, 2, 3-16-2010.)

20.58.090 Satisfaction of judgment.

Upon delivery of any receipt described in Section 20.58.080 to the City Counselor, duly executed by the Treasurer, the City Counselor shall acknowledge satisfaction of the judgment insofar as the same affects the property against which the judgment for benefits so assessed has been paid as evidenced by the receipt.
(Ord. No. 68604, 2, 3-16-2010.)

20.58.100 Compensation of Commissioners.

A minimum of two hours service or attendance at a hearing by the Commissioners in condemnation proceedings per diem shall be necessary to entitle a Commissioner to the compensation prescribed by the Charter. Compensation in one proceeding only shall be due any Commissioner for attendance on any one calendar day.
(Ord. No. 68604, 2, 3-16-2010.)

20.58.110 Clerical work.

The clerical work of the Commissioners, including writing the report, shall be done and performed by the force employed in the City Counselor's office. No compensation shall be allowed or paid to any Commissioner for such work, or to any person, whomsoever.
(Ord. No. 68604, 2, 3-16-2010.)

20.58.120 Sale of condemned buildings and other material obstructions.

In all cases where property, such as buildings, walls, fences, sheds, outhouses or other material obstructions, shall have been taken or condemned in any proceeding for the opening of any public highway, a sale thereof shall be made by the City Marshal, at public venue, to the highest bidder, for cash, which shall be paid at the time of the sale and deposited in the City Treasury within two days thereafter.

The conditions of the sale shall be, that in the event the property so sold shall not be moved off the public highway within twenty days from the date of sale, the City Marshal shall proceed to sell the property so previously sold, or any portion thereof, again, and the money received at the first sale shall be forfeited to the use of the City, without recourse therefor, either by purchaser so neglecting to remove same, his heirs or assigns.
(Ord. No. 68604, 2, 3-16-2010.)

20.58.130 Revolving fund.

There is created, out of the proceeds of bonds authorized by Ordinance 32496, approved May 29, 1923, and particularly pursuant to subdivision one of section six of such ordinance, a revolving fund to expedite the execution of improvements for the establishment, opening and widening of streets. The amounts hereinafter appropriated, together with any other money hereafter appropriated to the fund shall, upon the recommendation of the City Counselor, be used for the purpose of depositing in court the amount of awards reported by the Commissioners in condemnation proceedings for the establishment, opening and widening of streets as damages suffered by the owners of property who are parties to such proceedings, pending the final judgment in the case, in accordance with the provisions of Section 6 of Article XXI of the Charter. When final appropriation is made for the payment of damages pursuant to final judgment in any cause in which deposit in court has been made from the revolving fund created by this section, the amount so deposited in court shall, from the latter appropriation, be credited and paid back into the revolving fund, subject to be again used in the manner herein provided.
(Ord. No. 68604, 2, 3-16-2010.)

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