Rule 86.02.Venue.
Part III · Rule 86: Condemnation Proceedings · Not amended since adoption on record · Last verified July 22, 2026
Full Text of Rule 86.02
Official Comment
Note: This is an adoption of statutory venue provisions which provide that actions for condemnation be brought in the county where the property condemned lies. See for example Section 523.010, RSMo 1959.
Plain-English Summary
Rule 86.02 answers a simple question: which court hears a condemnation case? The answer is the circuit court of the county — and city, where applicable — where the property sits. This tracks the general rule for real estate disputes: because condemnation always concerns a specific parcel of land, the court closest to that land is the one that hears the case.
The rule does not create new venue law. It adopts the venue provisions already set by Missouri statute for condemnation actions, so a condemning party cannot pick a distant or unrelated county to file suit. If the property spans more than one county, the condemnor may still bring the proceeding where the statute permits.
For a landowner, this rule means notice and any hearings will happen close to home instead of in a courthouse across the state, and it limits a condemnor's ability to choose a forum that might be more convenient for the condemnor but less so for the owner.
Frequently Asked Questions
Which court handles a condemnation case in Missouri?
The circuit court of the county and city where the property being condemned is located, as set by statute and adopted by Rule 86.02.
Can a condemnor file in a county other than where the land sits?
No. Venue for condemnation is fixed by statute to the county where the property lies, and Rule 86.02 follows that statutory rule.
Does Rule 86.02 create its own venue rule separate from Missouri statutes?
No, it adopts the existing statutory venue provisions for condemnation instead of setting an independent standard.
What happens if property to be condemned lies in more than one county?
The applicable venue statute governs which county is proper in that situation; Rule 86.02 defers to that statutory framework.
Why does venue matter to a property owner facing condemnation?
Proper venue keeps the case in the owner's own county, making it easier to attend hearings, respond to notice, and participate in the commissioners' process without traveling far from the property.
Is venue something a defendant can challenge in a condemnation case?
Venue is a procedural requirement tied to the statute Rule 86.02 references, so a defendant who believes the case was filed in the wrong county can raise that as an objection.