Rule 86.03.Parties.

Part III · Rule 86: Condemnation Proceedings · Last amended January 1, 1994 · Last verified July 22, 2026

In one sentenceRule 86.03 identifies who must be named as plaintiff and defendant in a condemnation case, covering property owners, guardians of owners under disability, and holders of future interests, while protecting the rights of anyone left out.

Full Text of Rule 86.03

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The individual or individuals, village trustees, corporation or organization, private or municipal, that has authority to bring a condemnation proceeding shall be the plaintiff or plaintiffs in such condemnation proceedings; the owners of any or all of the property that is to be condemned, or the use of which is to be condemned, or which will be benefited by an improvement involved in a condemnation proceeding, or who may have an interest therein may be made parties defendant. If the proceedings seek to affect the properties of persons under guardianship, the guardians must be made parties defendant. If the present owner of any land to be affected has a less estate than a fee, the person or persons having the next vested estate in reversion or in remainder and having future interest may, at the option of the petitioners, be made a party defendant; but, if any one having an interest in such property is not made a party, that person’s interest shall not be bound by the proceedings. It shall not be necessary to make any persons parties defendants in respect to their ownership unless they are either (1) in actual possession of the property to be affected, claiming title or (2) have a title to the premises appearing of record upon the proper records of the county in which they lie. When legislation must be passed by a municipality before it is permitted to condemn property, it shall not be required in any case to bring any persons into the condemnation proceedings other than the owners of the property, or those interested therein, who were such at the time of the taking of effect of said legislation, and the parties claiming or holding through, or under, such owners, or parties interested, or any of them shall be bound by the proceedings as fully as if they were brought in.

The individual or individuals, village trustees, corporation or organization, private or municipal, which has authority to bring a condemnation proceeding shall be the plaintiff or plaintiffs in such condemnation proceedings; the owners of any or all of the property which is to be condemned, or the use of which is to be condemned, or which will be benefited by an improvement involved in a condemnation proceeding, or who may have an interest therein, may be made parties defendant. If the proceedings seek to affect the properties of persons under guardianship, the guardians must be made parties defendant. If the present owner of any land to be affected has a less estate than a fee, the person or persons having the next vested estate in reversion or in remainder and having future interest, may, at the option of the petitioners, be made a party defendant; but, if any one having an interest in such property is not made a party, his interest shall not be bound by the proceedings. It shall not be necessary to make any persons parties defendants in respect to their ownership unless they are either (1) in actual possession of the property to be affected, claiming title, or (2) have a title to the premises appearing of record upon the proper records of the county in which they lie. When legislation must be passed by a municipality before it is permitted to condemn property, it shall not be required in any case to bring any persons into the condemnation proceedings other than the owners of the property, or those interested therein, who were such at the time of the taking of effect of said legislation, and the parties claiming or holding through, or under, such owners, or parties interested, or any of them shall be bound by the proceedings as fully as if they were brought in.

End

Amendment History

Amended Sept. 28, 1993, eff. Jan. 1, 1994.

Official Comment

Note: New. Compare: Section 523.010, RSMo 1959.

Plain-English Summary

Rule 86.03 sorts out who belongs in a condemnation lawsuit. The party with authority to condemn — whether an individual, a village board of trustees, a private corporation, or a municipal body — is the plaintiff. On the other side, the owners of the property being taken, anyone whose interest will be affected, and anyone who stands to benefit from the improvement may be named as defendants.

The rule pays particular attention to owners who cannot represent themselves. If the property affected belongs to someone under guardianship, the guardian must be named as a defendant. If the current owner holds less than full fee title — for example, a life estate — the holder of the next vested interest, such as a remainderman, may also be added as a defendant at the condemnor's option. Anyone with an interest who is left out of the case is not bound by the outcome, which protects absent interest-holders instead of penalizing them.

The rule also narrows who must be joined based on possession and public record. A person need not be named as a defendant regarding ownership unless that person is either in actual possession of the property while claiming title, or holds recorded title in the county's land records. And when a municipality needs legislative approval before it can condemn, only the owners and other interested parties as of the time that legislation took effect need to be brought into the case; anyone claiming through or under those owners is bound by the proceedings just as if they had been made a party, without needing to be separately joined.

Frequently Asked Questions

Who is the plaintiff in a Missouri condemnation case?

The individual, village trustees, or private or municipal corporation that holds legal authority to condemn the property is the plaintiff.

Who must be named as a defendant?

Owners of the property to be condemned, anyone whose interest will be affected, and anyone who will be benefited by the improvement may be named. Guardians must be named where the owner is under guardianship.

What happens if someone with an interest in the property is left out of the case?

Rule 86.03 protects that person by providing their interest is not bound by the proceedings if they were never made a party.

Does every person with a recorded interest have to be joined as a defendant?

Only those in actual possession claiming title, or those with title of record in the county, need to be named regarding ownership; other potential interest-holders are not required parties on that basis.

How does Rule 86.03 handle remaindermen and future interests?

If the current owner holds less than full fee title, the holder of the next vested interest in reversion or remainder may be added as a defendant at the condemning party's option.

What about municipalities that need legislative approval before condemning property?

Only the owners and interested parties as of the time the authorizing legislation took effect need to be brought into the case; those claiming through them are bound without being separately named.

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 partiesproperty owners as defendantsguardian ad litem eminent domainnecessary parties condemnationremainderman condemnation defendant