by e-LawLines | Oct 21, 2013 | Real Estate Law
The Missouri Supreme Court has ruled that an award of heritage value damages in a condemnation case is valid under the state constitution. The Court first examined Article I of the Missouri Constitution, which provides “that private property shall not be taken...
by David P. Weiss | Jul 23, 2013 | Corporate Law, Homeowner Associations, Real Estate Law
A recent decision by the Missouri Court of Appeals addresses the tricky situation where a subdivision, unable to supply an amenity in sufficient quantity and quality to all of the lot owners, makes construction of new homes expressly conditioned on those lot owners...
by David P. Weiss | May 21, 2013 | Homeowner Associations, Real Estate Law
With the recent upswing in the housing market after enduring more than five years of the Great Recession, home buyers looking to buy a condominium have more than the size of their down payment and credit score to worry about. The condominium project and its...
by e-LawLines | Apr 25, 2013 | Litigation, Real Estate Law
Recently, the Missouri Court of Appeals had to decide the rightful owner of a 292-square-foot piece of land, aptly described as a “triangular sliver of property.” This involves a legal claim of adverse possession. In an otherwise tranquil subdivision, an existing...
by e-LawLines | Apr 23, 2013 | Real Estate Law, Taxation
2013 is a “Reassessment Year” for real property taxes in Missouri. Although a property owner’s right to appeal an assessment is available in any year, such right is most often exercised only in “reassessment years.” Unless special...
by e-LawLines | Sep 12, 2012 | Litigation, Real Estate Law
The general rule in Missouri for damages to real property is the “diminution in value” test, which is calculated by determining the difference between the fair market value before and after the event causing the damage. With respect to fraudulent misrepresentation...