Damages to Real Property, Measure of Damages, Fair Market Value

In cases dealing with damages to real property (e.g., nuisance, trespass, inverse condemnation, etc.), the measure of damages is generally the difference in the (1) fair market value of the property before and after the injury or the (2) cost of restoring the property, whichever is the lesser amount. Farmer’s Mut. Fire Ins. Co. v. Farmer, 795 S.W.2d 104, 1o8 (Mo. Ct. App. 1990).

The “restoration rule of recovery is applicable only to cases where the cost of restoration is less than the difference int he value of the land before and after the injury and can never apply in any case where the cost of restoration is greater than the value of the land or building.” Curtis v. Fruin-Colnon Contracting Co. 253 S.W.2d 158 (Mo. 1952).

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