[R.O. 2016 § 515.010; CC 1994 § 16.105]
Whenever the City Council shall deem
it necessary to condemn or appropriate private property and to assess
the cost thereof against property in a benefit district, said legislative
body shall enact an ordinance setting forth the general nature or
purpose of the use to which such private property is to be put and
declare it to be necessary to take and appropriate private property
therein described for such purpose and define the limits of a benefit
district within which private property shall be deemed benefitted
or assessed to pay for such improvements, and the time and mode of
payment of such assessment and the penalty for failure to pay the
same when due.
[R.O. 2016 § 515.020; CC 1994 § 16.110]
The City Attorney, in the name of
the City, shall apply to the St. Francois County Circuit Court, by
petition, setting forth the limits of the benefit district, a correct
description of the property that is sought to be acquired or condemned,
the use for which such land is to be taken and dedicated or the general
nature of the improvements proposed to be made, the names of the owners
of the several lots, tracts or parcels of land if known, or if unknown
a correct description of the parcels whose owners are unknown, and
praying the appointment of three (3) disinterested commissioners,
who are residents of the City, to assess the damages which the owners
may severally sustain by reason of the appropriation and condemnation
of such real estate by the City for any of the purposes described
in this Section, and to assess the property especially benefitted
by the improvements within the benefitted district, in proportion
to the benefits accruing to each from the proposed improvements.
[R.O. 2016 § 515.030; CC 1995 § 16.115]
The owners of property to be appropriated
or damaged shall be made defendants by name, but it shall not be necessary
to name any defendants except the owners of a freehold in the property
to be appropriated. If the proceedings seek to affect lands of persons
under conservatorship, the conservators must be made parties defendant.
If the possessor of land to be affected has an estate less than a
fee the person having the next vested estate in remainder or reversion
must, if known, be made a party defendant. It shall not be necessary
to name any person defendant who is neither in actual possession nor
record owner of the property to be appropriated, but any person holding
an interest in the property or who is damaged by such appropriation
may be made a party thereto by appearing therein and shall have just
compensation allowed and paid to him/her in such proceedings.
[R.O. 2016 § 515.040; CC 1994 § 16.120]
A.
Said assessments for benefits shall be
a lien from the date of the taking effect of the initiatory ordinance
and shall continue until the assessment against such lot, tract or
parcel of land has been fully paid or a sale made thereunder. No assessment
shall be defeated or affected by any irregularity affecting only other
assessments. In case of failure of the proceedings as to any part
of the land to be condemned supplementary proceedings may be had as
to such part. Damages allowed and benefits assessed shall bear interest
from the date of final judgement until paid at the rate of six percent
(6%) per annum, but in case of any deficiency in the interest collected
upon benefit assessments, the City shall pay the deficit. In case
of failure to collect any assessments in full or in part by failure
of the property to sell for a sufficient price to fully pay same and
costs of sale, or otherwise, the City shall pay the amount of such
deficit or loss. The City may pay all or any part of the assessments
and have execution therefor in its own right.
B.
Special executions may be issued against
any property assessed for benefits at the instance of the City or
of any party entitled to damages under the judgment, and such special
execution shall be entitled as the case is docketed without naming
any owner of the property, and proceedings thereon and sale thereunder
shall be governed by the ordinary rules applicable to special executions
against real estate. Payments shall be made to the Clerk of the Court
in which the judgement is rendered, and if made at different times
the Clerk may disburse the same by prorating the amount or amounts
so received by him/her among the various lots, tracts or parcels of
land for which damages have been allowed, in proportion to the allowance
for each, and paying the respective amounts to the owner thereof.
[R.O. 2016 § 515.050; CC 1994 § 16.125]
The City of Park Hills shall have
the right to advance the amount of damages awarded on the filing of
the report assessing the damages and thereupon enter upon and take
possession of such property and proceed with the public improvements
for which such property is sought to be taken or damaged, and to be
reimbursed from the benefits assessed when the same are collected.
Any subsequent proceedings shall affect only the amount of compensation
to be allowed for the property taken or damaged and shall not in any
way interfere with the right of the City to the property sought to
be acquired or damaged for public purposes.
[R.O. 2016 § 515.060; CC 1994 § 16.130]
The City shall have the right to
condemn lands under the provisions of this Article and pay for the
same out of any funds available out of the City Treasury without any
assessments for benefits, or to advance the amount of damages awarded
at the time pending the proceedings and thereupon take possession
of the property and to be reimbursed from the benefits assessed when
the same are collected.
