238.247. Condemnation, subject to commission or authority approval, ordinance of local governing body--procedures--relocation expenses to be paid, how.

Condemnation, subject to commission or authority approval, ordinanceof local governing body--procedures--relocation expenses to bepaid, how.

238.247. 1. The district may condemn lands for a project in the nameof the state of Missouri, upon prior approval by the commission, or thelocal transportation authority and by ordinance of the local governing bodyas appropriate, as to the necessity for the taking of the description ofthe parcel and the interest taken in that parcel.

2. If condemnation becomes necessary the district shall act underchapter 523, RSMo, and may condemn a fee simple or other interest in land.

3. The district may, after prior notice to the owner to enter uponprivate property, survey and determine the most advantageous route anddesign. The district shall be liable for all damages done to the propertyby such inspection.

4. Any person who involuntarily transfers any interest in land to adistrict which becomes insolvent and comes under the jurisdiction of acourt may reacquire that property by paying to the district the totalamount of the condemnation award for that parcel, plus statutory interestat the statutory rate from the date of taking on the amount of that award,if the project will not be completed by either the district, the commissionor a local transportation authority.

5. Whenever a district undertakes any project which results in theacquisition of real property or in any person or persons being displacedfrom their homes, businesses, or farms, the district shall providerelocation assistance and make relocation payments to such displaced personand do such other acts and follow such procedures as would be necessary tocomply with the federal Uniform Relocation Assistance and Real PropertyAcquisition Policies Act of 1970, as amended.

(L. 1990 S.B. 479 & 649 § 54, A.L. 2006 H.B. 1944)