State ex rel. State Highway Commission of Missouri v. Carlie

CLEMENS, Judge.

This case concerns the respective rights of respondents Schaefer and appellant Bauman in a condemnation award. Edmund J. and Florence Schaefer owned the condemned land; Edwin L. Bauman was a tenant, or licensee, to whom the Schaefers had orally given permission to remove gravel from their land.

Bauman bases his claim to a share of the award on § 444.020, V.A.M.S.,1 which provides that when a land owner permits a person to enter and dig for “lead, ore or other minerals” 2 and such person does so in good faith, he shall have an exclusive three-year right to continue work, with a…