After the commissioners’ report, the circuit judge must decide whether a homestead taking occurred or heritage value is payable, and then adjust compensation accordingly, with a limited exception for certain city, town, or village plaintiffs.
*523.061. Determination of homestead taking and heritage value. — After the filing of the commissioners' report pursuant to section 523.040, the circuit judge presiding over the condemnation proceeding shall apply the provisions of section 523.039 and shall determine whether a homestead taking has occurred and shall determine whether heritage value is payable and shall increase the commissioners' award to provide for the additional compensation due where a homestead taking occurs or where heritage value applies, in accordance with the just compensation provisions of section 523.039. If a jury trial of exceptions occurs under section 523.060 and the circuit judge presiding over the condemnation proceeding has determined that a homestead taking has occurred or heritage value is payable, the circuit judge presiding over the condemnation proceeding shall apply the provisions of section 523.039 and shall increase the jury verdict to provide for the additional compensation due where a homestead taking occurs or where heritage value applies, in accordance with the just compensation provisions of section 523.039. Notwithstanding any other provision of law in sections 523.001 to 523.286 to the contrary, a circuit judge who determines that heritage value is payable as provided in this section shall not increase the commissioners' award or jury verdict to provide for the additional compensation due where heritage value applies if the plaintiff is a city, town, or village that is incorporated in accordance with the laws of this state and the plaintiff moves for exclusion of the heritage value and shows after an evidentiary hearing by a preponderance of the evidence that the property taken has been: (1) Abandoned; (2) Declared a nuisance and been ordered to be vacated; (3) Demolished or repaired after notice and hearing; or (4) Materially and negatively contributed to a blighted area as that term is defined in section 99.805. (L. 2006 H.B. 1944, A.L. 2022 H.B. 1606) *Revisor's Note: This section was declared unconstitutional in Byrd, et al. v. State of Missouri, et al. (see 2023 annotation below). (2013) Heritage valuation sections do not impermissibly alter constitutional definition of "just compensation", do not confer public funds for private benefit, and do not invade the jury's duty to determine "just compensation". St. Louis County v. River Bend Estates Homeowners' Ass'n., 408 S.W.3d 116 (Mo.banc). (2023) The inclusion of Section 67.2300 in H.B. 1606 from 2022 declared unconstitutional as violating the single subject rule of Article III, § 23 of the Missouri Constitution. The remaining provisions of H.B. 1606 could not be severed and the bill is declared invalid in its entirety. Byrd, et al. v. State of Missouri, et al., 679 S.W.3d 492 (Mo.banc).