In all condemnation proceedings, except those in instances where special provisions to the contrary are, or may hereafter be, provided for by charters or ordinances of those cities having constitutional charters, the procedure to be followed shall be that provided for by these rules.
Rule 86.01.Scope.
Part III · Rule 86: Condemnation Proceedings · Not amended since adoption on record · Last verified July 22, 2026
In one sentenceRule 86 supplies the single procedure Missouri courts follow in condemnation cases, applying statewide except where a city holding a constitutional charter has adopted its own contrary charter provision or ordinance for taking property.
Full Text of Rule 86.01
Official Comment
Note: The rules relating to condemnation have been redrafted to provide for a single method of condemning property. Therefore there has been a grouping of some provisions from various sections. An attempt has been made to provide a fair procedure for all concerned. Provisions of constitutional charters and ordinances based thereon are not superseded because of the doubtful legality of action annulling constitutional charter provisions. Cities with Constitutional Charters may be subject to this Rule 86, by express adoption thereof or by the absence of special contrary provisions.
Plain-English Summary
Rule 86 is the starting point for every eminent domain case filed in a Missouri circuit court. Before this rule existed, condemnation procedure was scattered across separate statutes written for different kinds of condemnors — railroads, water companies, municipalities, and so on. The rule pulls those scattered provisions into one track so that a landowner facing a taking knows what steps to expect no matter who is doing the taking.
The rule carves out one exception. Cities that operate under a constitutional charter may have their own charter language or ordinance covering condemnation, and where that local provision conflicts with Rule 86, the local provision controls. The drafters left this carve-out in place because overriding a city's own charter by court rule raised doubts about whether the rule could lawfully reach that far. Absent a charter city's own contrary provision, though, Rule 86 still governs, either because the city has expressly adopted it or because nothing in the city's charter says otherwise.
In practice this means most condemnation actions — brought by counties, school districts, utilities, or private entities with statutory condemnation power — proceed under Rule 86.01 through 86.10 without needing to consult older, scattered statutes for the mechanics of notice, commissioners, and damages.
Frequently Asked Questions
Does Rule 86 apply to every condemnation case filed in Missouri?
It applies to nearly every one of them. The only exception is a city operating under a constitutional charter that has its own contrary charter provision or ordinance covering condemnation; that local provision controls instead.
What is a constitutional charter city?
Rule 86.01 refers to cities organized under a charter recognized by the Missouri constitution instead of under general state statute. Some of these cities have written their own condemnation procedures into their charters or ordinances.
If a charter city has no condemnation ordinance of its own, which procedure applies?
Rule 86 applies. The rule only steps aside when the charter city has an actual contrary provision on the books; silence means Rule 86 governs.
Why did Missouri combine condemnation procedure into a single rule?
Condemnation authority used to be spread across separate statutes for different types of condemnors. Combining them into Rule 86 gives property owners and condemnors one predictable procedure regardless of who is taking the property.
Does Rule 86 cover both government agencies and private companies that condemn property?
Yes. The rule speaks broadly of any individual, corporation, or organization — private or municipal — that holds authority to bring a condemnation proceeding.
Where does Rule 86 get filed and heard?
Rule 86.02 sends every condemnation case to the circuit court, and Rule 86.01 sets the procedural ground rules that apply once the case is there.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Missouri State & Federal Court Rules, adopted by the
Supreme Court of Missouri. Last verified July 22, 2026. ·
Official source
Also known as: eminent domain procedurecondemnation proceedings scopeconstitutional charter citiesproperty condemnation rulestaking of private property