Section 209.035 RSMo. states: “Any proceeds from involuntary conversion of real property into personal property (such as forced transfer under condemnation, eminent domain, and fire, flood or other act of God) received by a recipient while eligible to receive public assistance (Blind Pension) benefits under existing law shall be considered real property for a period of one year from the time of receipt. For the purposes of this section the word “receipt” means actual receipt of the proceeds or the payment into court of the proceeds, except that in condemnation cases where the initial exception to the commissioner’s award is filed by the condemning authority, the word receipt means receipt of an award under a final “judgement”.
The following points must be considered in administering this Section of the law:
- This applies to BP recipients but not to applicants.
- Determination as to whether property is taken by “condemnation” or “eminent domain” is made on the basis of whether or not the property has been sold to the government, a governmental agency, or to a public utility which has the authority to acquire property by eminent domain. It is immaterial whether such property was acquired by purchase or through condemnation proceedings.
- The phrase “fire, flood, or other acts of God is interpreted as also including destruction of real property by wind of storm. The payment received from an insurance company will be given the same exemption as described below for property sold under eminent domain.
- An exception is made to the definition of the date of receipt in condemnation cases where the condemning authority files an appeal to the award made by the commissioner. In such cases the date of receipt is defined to include the period of time while the appeal is pending, and date of receipt would then be the date on which payment is received as a result of final judgment.