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Rule 86.10.Interest--How Recovered.

Part III · Rule 86: Condemnation Proceedings · Not amended since adoption on record · Last verified July 22, 2026

In one sentenceInterest on a condemnation award is recovered as Missouri statute provides, and the rule directs that statutory references to the prior damages-assessment statute now point to Rule 86.06's valuation and assessment procedure.

Full Text of Rule 86.10

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In condemnation proceedings under Rule 86 interest shall be recovered in the manner and the amounts as now or hereafter provided by Statutes including Section 523.045 RSMo 1949. The reference in Section 523.045 to Section 523.040 shall be construed to refer to this Rule 86, and particularly to Rule 86.06.

Official Comment

Note: This section recognizes the applicability of Section 523.045 of the Revised Statutes of Missouri Senate Bill 248, enacted by the Seventieth General Assembly.

Plain-English Summary

Rule 86.10 addresses a narrow but practical question: what happens to interest owed on a condemnation award? Instead of setting its own interest rule, Rule 86.10 defers entirely to Missouri statute, adopting whatever manner and amount of interest the statute provides, now or in the future.

Because the statute the rule points to was written before Rule 86 replaced the older condemnation statutes, it referred to the prior statutory damages-assessment provision. Rule 86.10 bridges that gap by directing that any reference in the interest statute to the old assessment statute be read instead as a reference to Rule 86, and specifically to Rule 86.06, which now governs how commissioners value property and assess damages and benefits.

The practical effect is continuity: property owners still collect interest on their awards the way the legislature intended, even though the underlying assessment procedure now lives in the court rules instead of in the statute the legislature originally cited.

Frequently Asked Questions

How is interest calculated on a Missouri condemnation award?

In the manner and amount provided by statute, as adopted by Rule 86.10, instead of by a separate standard set in the rule itself.

Why does Rule 86.10 mention an old statutory cross-reference?

Because the interest statute originally referred to a prior damages-assessment statute that Rule 86 has since replaced, so the rule redirects that reference to Rule 86.06.

Which rule now governs the assessment the interest statute refers to?

Rule 86.06, which covers the appointment of commissioners and the standard for assessing damages and benefits.

Does Rule 86.10 set its own interest rate for condemnation awards?

No. It relies entirely on the interest provisions in Missouri statute, whatever those provisions are at the time.

Does this rule apply only to interest, or also to the underlying damages award?

It applies specifically to interest recovered on a condemnation award; the underlying damages themselves are governed by Rule 86.06 and related rules in the condemnation group.

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: interest on condemnation awardeminent domain interest statutepost-judgment interest condemnationcondemnation award interest