Immediately after the filing of the report of the commissioners, the clerk of the court wherein it is filed shall notify the parties of such filing. The notice shall be given, if possible, in the manner provided by Rule 43.01, or, if this is not possible, by posting the notice in the office of the clerk of the court. The clerk shall file in the cause a certificate and any other lawful evidence necessary to prove the time and manner of serving all such notices. Any party may file written exceptions to the report of the commissioners within thirty days after the service or posting of the notice. Upon the filing of the exceptions, the issue of the amount of damages sustained by, and benefits accruing to, the defendant’s property, if any, as a result of the appropriation shall be submitted to a jury or, if a jury be waived, to the court, to be tried as in ordinary cases of inquiry of damages. On such trial, the court or jury, within the direction of the court, may view the property involved. Notwithstanding the exceptions, the condemner may, after paying the amount of the commissioners’ award to the clerk of the court for the owner or owners of any property involved, take possession of the property or subject it to the public use set out in the condemnation petition, and any subsequent proceedings shall only affect the amount or division of the compensation allowed.
Rule 86.08.Clerk to Give Notice of Filing Report--Exceptions to Report, When Filed, Effect.
Part III · Rule 86: Condemnation Proceedings · Last amended January 1, 1994 · Last verified July 22, 2026
In one sentenceAfter commissioners file their report, the clerk must notify all parties, and any party may file written exceptions within thirty days to send the damages issue to a jury, though the condemnor may still take possession by paying the award.
Full Text of Rule 86.08
Amendment History
Amended June 1, 1993, eff. Jan. 1, 1994.
Official Comment
Note: New. Compare: Section 523.050, RSMo 1959. Committee Note—1959 [Repealed] (Repealed June 1, 1993, effective Jan. 1, 1994.)
Plain-English Summary
Once the commissioners file their report under Rule 86.06, Rule 86.08 puts the clerk on the clock to notify the parties. Notice goes out the same way notices are served under Rule 43.01 where possible, or by posting in the clerk's office if that is not possible. The clerk must file proof of how and when each notice was given.
From the date of that notice or posting, any party has thirty days to file written exceptions to the commissioners' report. Filing exceptions does not end the matter on its own — it sends the question of damages and benefits to a jury for trial, the same as any other damages case, unless the parties waive a jury and let the court decide. The court or jury may view the property as part of that trial.
Importantly, filing exceptions does not stop the condemnor from moving forward. Even while exceptions are pending, the condemnor may pay the commissioners' award to the clerk and take possession of the property or put it to the public use described in the petition. From that point on, the only thing left in dispute is the amount, or the division, of the compensation — not whether the taking itself proceeds.
Frequently Asked Questions
What happens after the commissioners file their damages report?
The clerk must notify the parties of the filing, using the manner set by Rule 43.01 where possible, or by posting notice in the clerk's office if not.
How long does a party have to challenge the commissioners' report?
Thirty days after service or posting of the notice of filing to file written exceptions to the report.
What happens once a party files exceptions?
The issue of damages and benefits goes to a jury for trial as in an ordinary damages case, or to the court alone if a jury is waived.
Can the condemnor take the property while exceptions are still pending?
Yes. After paying the commissioners' award to the clerk, the condemnor may take possession or put the property to the public use stated in the petition, even with exceptions unresolved.
If the condemnor already took possession, what does a later trial on exceptions decide?
Only the amount of compensation or how it is divided among owners — not whether the taking itself may go forward.
Can the court or jury visit the property during a trial on exceptions?
Yes. Rule 86.08 allows the court or jury, under the court's direction, to view the property involved during the trial.
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: exceptions to commissioners reportjury trial condemnation damagestake possession after paying awardcondemnation appeal of damages