The petition shall contain a description of the property or right which the plaintiff desires to acquire, use, or extinguish; if a dam is to be constructed across any watercourse, the petition shall contain the name of the watercourse, a description of the point at which it is desired to erect such dam and a description of any installations which it is proposed to erect in connection with the dam; the names of the owners of the property to be condemned, if known, or, if unknown, a statement that they are unknown; a statement of the foundation of the plaintiff’s right to condemn the property involved in the condemnation proceedings; a general statement of the nature of the business, improvement or use for which the property is to be taken; a statement either that the condemnor or owner can not agree on the proper compensation to be paid or that an owner is incapable of contracting, is unknown, can not be found or is a non-resident of the state; if any right of way be sought, the location and general route thereof shall be described and a copy of the construction plans required by Section 227.050 of the Revised Statutes of Missouri, 1949, shall be filed in the circuit clerk’s office and made a part of each condemnation petition by reference; when property will be benefited by an improvement in connection with which condemnation proceedings are brought, a map of the benefit district involved, and a copy of any local legislation establishing the district shall be filed with the petition and made a part thereof; a prayer for the appointment of three disinterested freeholders, as commissioners, to assess the damages which such owners may severally sustain because of the condemnation of the property, and the use to which it is to be put and to assess benefits in those instances in which it is proper to make such assessments.
Rule 86.04.Petition--Contents.
Part III · Rule 86: Condemnation Proceedings · Not amended since adoption on record · Last verified July 22, 2026
In one sentenceRule 86.04 lists everything a condemnation petition must contain, from a description of the property and its owners to the plaintiff's authority to condemn and a request for three commissioners to assess damages.
Full Text of Rule 86.04
Official Comment
Note: New. Compare: Section 523.010, RSMo 1959.
Plain-English Summary
Rule 86.04 functions as a checklist for drafting a condemnation petition. The petition must describe the property or right the plaintiff wants to acquire, use, or extinguish. It must name the owners if known, or state that they are unknown. It must explain the legal basis for the plaintiff's authority to condemn and describe, in general terms, the business, improvement, or use the taking will serve.
The rule also requires the petition to state why compensation has not been agreed upon — whether the parties could not agree, or an owner cannot contract, cannot be found, is unknown, or lives outside Missouri. Special projects trigger additional requirements: a dam across a watercourse requires naming the watercourse and describing the dam site and related structures; a right-of-way project requires describing the route and filing construction plans with the circuit clerk; and an improvement that benefits nearby property requires filing a map of the benefit district along with any local legislation creating it.
Every petition must end with a request — a prayer — asking the court to appoint three disinterested freeholders as commissioners. Those commissioners will assess the damages each owner may suffer from the taking and, where appropriate, assess benefits as well. This request is what sets Rule 86.06's commissioner process in motion.
Frequently Asked Questions
What must a Missouri condemnation petition describe?
The property or right being acquired, used, or extinguished, and the names of the owners if known, or a statement that the owners are unknown.
Does the petition have to explain why the parties could not agree on compensation?
Yes. It must state that the condemnor and owner could not agree, or that an owner is incapable of contracting, unknown, cannot be found, or is a non-resident.
What extra information does a right-of-way petition need?
It must describe the location and general route of the right-of-way and include a copy of the required construction plans filed with the circuit clerk as part of the petition.
What if the improvement will benefit nearby property?
The petition must include a map of the benefit district and a copy of any local legislation establishing that district.
What does the petition ask the court to do?
It closes with a request for the appointment of three disinterested freeholders as commissioners to assess damages to owners and, where proper, to assess benefits.
Does a dam project require anything special in the petition?
Yes. The petition must name the watercourse, describe the point where the dam will be built, and describe any related installations.
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: condemnation petition requirementseminent domain complaint contentsright of way petitioncommissioners appointment requestbenefit district map filing