The cost of the condemnation proceeding shall be paid by the condemner, up to and including the filing and copying of the report of the commissioners; and the court, as to any costs made by subsequent litigation, may make such order as in its discretion may be deemed just. The court shall allow the commissioners a reasonable compensation for their services, which shall be taxed as costs in the proceedings.
Rule 86.09.Costs, by Whom Paid.
Part III · Rule 86: Condemnation Proceedings · Not amended since adoption on record · Last verified July 22, 2026
In one sentenceThe condemnor pays all condemnation costs through the filing of the commissioners' report, the court has discretion over costs from any later litigation, and the commissioners receive reasonable compensation taxed as costs.
Full Text of Rule 86.09
Official Comment
Note: New. Compare: Section 523.070, RSMo 1959.
Plain-English Summary
Rule 86.09 sets out who pays for a condemnation proceeding. The condemnor bears the cost up through the filing and copying of the commissioners' report — the notice, the commissioners' work, and the recording of their findings. That baseline cost falls on the party doing the taking, not the property owner.
Costs generated by anything that happens after the report is filed — most notably a trial on exceptions under Rule 86.08 — are left to the court's discretion. The court decides what is just under the circumstances, instead of following a fixed rule that automatically assigns those later costs to one side or the other.
The rule also directs the court to award the commissioners reasonable compensation for their work, and that compensation is taxed as part of the costs of the proceeding, folding the commissioners' pay into the overall cost accounting the rule establishes.
Frequently Asked Questions
Who pays the cost of a condemnation proceeding up through the commissioners' report?
The condemnor pays those costs, including the filing and copying of the commissioners' report.
Who pays for costs generated by a later trial on exceptions?
The court decides, in its discretion, what order is just as to any costs from litigation that follows the commissioners' report.
Are the commissioners paid for their work?
Yes. The court allows them reasonable compensation for their services, and that amount is taxed as costs in the proceeding.
Does a property owner who files exceptions risk having to pay the condemnor's costs?
The rule leaves that outcome to the court's discretion for costs arising after the report is filed, instead of fixing a default rule either way.
Is commissioner compensation paid separately from other costs, or lumped together?
It is taxed as part of the costs of the proceeding, so it is accounted for alongside the other costs Rule 86.09 addresses.
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 costscommissioners compensationwho pays eminent domain costseminent domain cost allocation