reglab/housing_qa huggingface dataset:
MO Rev Stat § 228.060 (2021)
2021 Missouri Revised Statutes|Title XIV - Roads and Waterways|Chapter 228 - Establishment and Vacation of Roads|Section 228.060 - Survey of road by county highway engineer, when — report.

Effective - 28 Aug 1949   228.060. Survey of road by county highway engineer, when — report. — If the county commission finds it necessary to establish such road, either at the expense of the county or wholly or partly at the expense of the petitioners, and the petitioners pay into the county treasury, on or before a time to be fixed by such commission, the probable amount of damages or a sum to be fixed by the commission, to the use of the owners of such lands, the county commission, by order, shall direct the county highway engineer, within sixty days thereafter, to view, mark out and survey such road, take all relinquishments of the right-of-way of those who will give the same, and take the names of all owners of land through which said road may run who have not given or will not give the right-of-way, and the amount of damages claimed by each one separately, together with a legal description of the lands of each owner sought to be taken, and also the engineer's estimate of the cost of the bridges, culverts, and grading that may be necessary upon such road. The engineer shall report his proceedings in the premises, together with his survey and plat of said road to the county commission. ­­-------- (L. 1949 p. 551 § 8475b)
MO Rev Stat § 228.080 (2021)
2021 Missouri Revised Statutes|Title XIV - Roads and Waterways|Chapter 228 - Establishment and Vacation of Roads|Section 228.080 - Order to establish road, when.

Effective - 28 Aug 1949   228.080. Order to establish road, when. — If it shall appear from the engineer's report that the right-of-way has been secured, and needs therefor filed, or that the damages claimed do not exceed the amount offered by the commission or deposited by the petitioners, or both, the commission shall order the road established. ­­-------- (L. 1949 p. 551 § 8475c)
MO Rev Stat § 228.090 (2021)
2021 Missouri Revised Statutes|Title XIV - Roads and Waterways|Chapter 228 - Establishment and Vacation of Roads|Section 228.090 - Relinquishments, deeds, plats to be filed and recorded.

Effective - 28 Aug 1949   228.090. Relinquishments, deeds, plats to be filed and recorded. — The county highway engineer shall file all relinquishments, deeds and plats of said road in the office of the county clerk, who shall preserve them together with the order of the commission establishing the road as public records in a book to be provided for that purpose. All such deeds shall be filed and recorded in the office of the recorder of deeds. ­­-------- (L. 1949 p. 551 § 8475d)
MO Rev Stat § 228.100 (2021)
2021 Missouri Revised Statutes|Title XIV - Roads and Waterways|Chapter 228 - Establishment and Vacation of Roads|Section 228.100 - Condemnation proceedings, when.

Effective - 28 Aug 1949   228.100. Condemnation proceedings, when. — If it appears that any person through whose lands such proposed road should run has failed or refused to relinquish the right-of-way, or is not willing to take the amount of damages offered him by the commission or petitioners, or both, or in case any such owner is incapable of contracting or is a nonresident of this state, and it further appears to the county commission that the proposed road is of such great public utility as to warrant its establishment, the county commission shall order the road established and shall direct the prosecuting attorney of the county to institute proceedings in the name of the county in the circuit court for the purpose of condemning such lands. Such proceedings shall be instituted and conducted by said prosecuting attorney under the provisions of chapter 523. ­­-------- (L. 1949 p. 551 § 8476)  CROSS REFERENCE:  County commission may institute condemnation proceedings for what purposes, 49.300  (1965) Sections 49.300 and 228.100 in combination indicate a legislative intent to cover the entire subject of the judicial phases of condemnation proceedings by county courts and, therefore, they supersede and by implication repeal contrary provisions in § 228.180. County of Greene v. Hammons (Mo.), 389 S.W.2d 843.
MO Rev Stat § 228.120 (2021)
2021 Missouri Revised Statutes|Title XIV - Roads and Waterways|Chapter 228 - Establishment and Vacation of Roads|Section 228.120 - Record of proceedings — judicial review.

Effective - 28 Aug 1949   228.120. Record of proceedings — judicial review. — 1. Upon the request and at the expense of any petitioners or remonstrators, a stenographic record shall be made of all proceedings before the county commission upon any petition to establish or vacate any public road.  2. Any order of the county commission establishing or vacating a public road shall be subject to judicial review to the same extent and in the manner prescribed by chapter 536. ­­-------- (L. 1949 p. 551 § 8477)  (1958) Order of county court of Maries County establishing a public road in Maries County was reviewable by circuit court in Cole County under § 536.110. Elrod v. Maries Co. (A.), 309 S.W.2d 12. (1976) Section 49.230 is a general statute and does not impliedly repeal this section, the general rule being that a later general act does not repeal an earlier specific which remains as an exception to the later general law. Ross v. Conoco Quarry, Inc. (A.), 543 S.W.2d 568.
MO Rev Stat § 228.130 (2021)
2021 Missouri Revised Statutes|Title XIV - Roads and Waterways|Chapter 228 - Establishment and Vacation of Roads|Section 228.130 - No revocation of order establishing or vacating road — amendment of order.

Effective - 28 Aug 1949   228.130. No revocation of order establishing or vacating road — amendment of order. — The county commission shall not revoke or set aside any order establishing or vacating any public road, nor shall a petition to vacate or reestablish such road be entertained by such county commission for a period of one year from the time of entering the order; except that the county commission may amend any such order where necessary to carry out the purposes of this law. ­­-------- (L. 1949 p. 551 § 8477)
MO Rev Stat § 228.140 (2021)
2021 Missouri Revised Statutes|Title XIV - Roads and Waterways|Chapter 228 - Establishment and Vacation of Roads|Section 228.140 - Roads on county lines established, how.

Effective - 28 Aug 1939   228.140. Roads on county lines established, how. — 1. The county commissions of the several counties in this state shall have authority to establish highways on the boundary lines of their respective counties in the same manner as provided in sections 228.020 to 228.130, and when so established such roads shall not be less than forty feet wide. Each county shall provide one-half of the cost of establishing and keeping in repair such road.  2. The proceedings may be brought in any one of the counties concerned, but the commissioners of the county commission of each of the counties shall sit as one commission, and a majority of the commissioners shall decide all questions, and all matters therein shall be heard and determined in the county where the proceedings are first instituted. A certified copy of any final judgment establishing such road and the report of the county highway engineer thereon shall be filed in the office of the clerk of the county commission of each county, and spread of record therein. The commission having jurisdiction of the proceedings shall set all hearings for such days as may not interfere with like proceedings in the other counties concerned. ­­-------- (RSMo 1939 § 8479)  Prior revisions: 1929 § 7833; 1919 § 10631; 1909 § 10441
MO Rev Stat § 228.150 (2021)
2021 Missouri Revised Statutes|Title XIV - Roads and Waterways|Chapter 228 - Establishment and Vacation of Roads|Section 228.150 - Districting and repair of new roads — owner of land given time to yield possession — penalty for refusal.

Effective - 28 Aug 1939   228.150. Districting and repair of new roads — owner of land given time to yield possession — penalty for refusal. — 1. When a new road has been opened, it shall be districted and kept in repair as other public roads.  2. The county commission or circuit court, as the case may be, at the time of giving judgment for the establishment of the road, shall specify the time when possession shall be given by the owner, allowing the owner of the land a reasonable time, not exceeding six months, to erect fences, if any are required, and also time to gather growing crops, if any are growing at the time on the premises, which time shall be stated in the judgment. Any landowner who shall fail or refuse to open said road within the time specified in the judgment shall be deemed guilty of obstructing a public highway and punished accordingly. ­­-------- (RSMo 1939 § 8480)  Prior revisions: 1929 § 7834; 1919 § 10632; 1909 § 10442  CROSS REFERENCE:  Highway engineer to supervise construction and maintenance of roads, 61.071
MO Rev Stat § 228.160 (2021)
2021 Missouri Revised Statutes|Title XIV - Roads and Waterways|Chapter 228 - Establishment and Vacation of Roads|Section 228.160 - Roads may be enclosed and route changed, when.

Effective - 28 Aug 1939   228.160. Roads may be enclosed and route changed, when. — Any person wishing to cultivate or enclose land through which any road may run may petition the county commission, first giving notice, as in the case of new roads, for permission to turn such road on his own land or on the land of any other person consenting thereto, at his own expense. The commission shall thereupon cause the county highway engineer to view the same and report the practicability of the proposed change and distances and situation of the ground, and proposed changes, at the first term of the commission thereafter; and if upon the report the commission be satisfied that the public will not be in any manner injured thereby, or said road lengthened or the grade thereof increased, or the road thrown on rougher land, it shall order such a change, and upon satisfactory proof of such road being opened in such manner as to be equally convenient to travelers, the commission shall make an order vacating so much of the former road as lies between the different points of intersections, and cause the report thereof to be recorded. ­­-------- (RSMo 1939 § 8481)  Prior revisions: 1929 § 7835; 1919 § 10633; 1909 § 10444
MO Rev Stat § 228.341 (2021)
2021 Missouri Revised Statutes|Title XIV - Roads and Waterways|Chapter 228 - Establishment and Vacation of Roads|Section 228.341 - Private road defined.

Effective - 28 Aug 2012   228.341. Private road defined. — For purposes of sections 228.341 to 228.374, "private road" with regard to a proceeding to obtain a maintenance order means any private road established under this chapter or any easement of access, regardless of how created, which provides a means of ingress and egress by motor vehicle for any owner or owners of residences from such homes to a public road. A private road does not include any road owned by the United States or any agency or instrumentality thereof, or the state of Missouri, or any county, municipality, political subdivision, special district, instrumentality, or agency of the state of Missouri. Nothing in sections 228.341 to 228.374 shall be deemed to apply to any road created by or included in any recorded plat referencing or referenced in an indenture or declaration creating an owner's association, regardless of whether such road is designated as a common element. Nothing in sections 228.341 to 228.374 shall be deemed to apply to any land or property owned or operated by any railroad regulated by the Federal Railroad Administration. ­­-------- (L. 2012 H.B. 1103)
MO Rev Stat § 228.342 (2021)
2021 Missouri Revised Statutes|Title XIV - Roads and Waterways|Chapter 228 - Establishment and Vacation of Roads|Section 228.342 - Establishment or widening of private road — strict necessity defined — who may petition.

Effective - 28 Aug 1993   228.342. Establishment or widening of private road — strict necessity defined — who may petition. — A private road may be established or widened in favor of any owner or owners of real property for which there is no access, or insufficiently wide access, from such property to a public road if the private road sought to be established or widened is a way of strict necessity. As used in this section, the term "strict necessity" shall include the necessity to establish or widen a private road in order to utilize the property for the uses permitted by law. Any petition for the establishment or widening of a private road shall be filed and the proceeding shall be conducted in the circuit court of the county where the proposed road is to be located. The owners of the real property over which the proposed private road shall pass shall be named as defendants. ­­-------- (L. 1991 S.B. 138 § 1, A.L. 1993 S.B. 236)
MO Rev Stat § 228.345 (2021)
2021 Missouri Revised Statutes|Title XIV - Roads and Waterways|Chapter 228 - Establishment and Vacation of Roads|Section 228.345 - Maximum width — contents of petition.

Effective - 28 Aug 1993   228.345. Maximum width — contents of petition. — The proposed private road as established or widened shall not exceed forty feet in width and shall be situated so as to do as little damage or injury and cause as little inconvenience as practicable to the owner or owners of the real property over which the private road shall pass. The petition shall contain a description of the location of the proposed road, including the width and points of beginning and ending. ­­-------- (L. 1991 S.B. 138 § 2, A.L. 1993 S.B. 236)
MO Rev Stat § 228.348 (2021)
2021 Missouri Revised Statutes|Title XIV - Roads and Waterways|Chapter 228 - Establishment and Vacation of Roads|Section 228.348 - Service of process, how issued — rules of civil procedure to apply, when.

Effective - 28 Aug 1991   228.348. Service of process, how issued — rules of civil procedure to apply, when. — Upon the filing of the petition, service of process shall be issued as provided in the rules of civil procedure. Thereafter, the rules of civil procedure shall apply when not inconsistent with the statutory proceedings set out in sections 228.342 to 228.368. ­­-------- (L. 1991 S.B. 138 § 3)
MO Rev Stat § 228.352 (2021)
2021 Missouri Revised Statutes|Title XIV - Roads and Waterways|Chapter 228 - Establishment and Vacation of Roads|Section 228.352 - Nonjury hearing, purpose — court order, issued when.

Effective - 28 Aug 1993   228.352. Nonjury hearing, purpose — court order, issued when. — After the time for filing the answer to the petition has expired and after the parties have had a reasonable time for discovery, the court shall conduct a nonjury hearing during which the parties may submit evidence pertaining to the allegations of the petition and to the proposed location of the private road. If the court determines upon a petition to establish a private road that there is access to a public road or that the way sought is not a way of strict necessity, then the petition shall be dismissed. If the court determines that there is no access to a public road and the way sought is a way of strict necessity, then it shall further determine the location of a private road that is situated so as to do as little damage or injury and cause as little inconvenience as practicable to the defendants. If the court determines upon a petition to widen a private road that there is not sufficiently wide access to utilize the property for the uses permitted by law, then it shall further determine the location at the side or sides of the existing private road of the widening so as to do as little damage or injury and cause as little inconvenience as practicable to the defendants. The court shall then enter an interlocutory order for the establishment or widening of the private road at the location determined by the court. As part of such interlocutory order, the court shall also designate which party or parties shall be responsible for the construction, maintenance and repair of the private road and shall set out the nature and scope of the parties' rights to the use and the enjoyment of the private road. However, the court shall not order the defendants to share responsibility for the construction, maintenance or repair of the private road if, under the court order, the defendants are not granted any rights to the use and enjoyment of the private road, or if any such rights are granted and the defendants waive such rights. ­­-------- (L. 1991 S.B. 138 § 4, A.L. 1993 S.B. 236)
MO Rev Stat § 228.355 (2021)
2021 Missouri Revised Statutes|Title XIV - Roads and Waterways|Chapter 228 - Establishment and Vacation of Roads|Section 228.355 - Commissioners, how appointed — duties — compensation.

Effective - 28 Aug 1993   228.355. Commissioners, how appointed — duties — compensation. — When an order establishing or widening a private road is entered according to section 228.352, the court shall appoint three disinterested citizens of the county where the private road is to be located as commissioners to view the location of the private road and the real property affected and to assess damages to the defendants. Before proceeding to discharge their duties, the commissioners shall take and subscribe an oath, in writing, to be filed with the clerk of the court, to discharge their duties honestly, faithfully and impartially under the order of the court. The commissioners shall notify the parties in writing that on a day specified in the notice the commissioners will view the affected real property. Such notice shall be given at least ten days prior to the day specified for viewing the real property, and the notice shall be served in hand or by registered mail to the last known address of the party to be served or to that party's attorney. After the commissioners view the location of the private road and the real property affected, they shall report to the court and make an assessment of the damages sustained by each defendant. Upon the filing of such report of the commissioners, the clerk of the court shall immediately notify the parties of the filing of the report. The commissioners shall be allowed reasonable compensation for their services to be set by the court and to be taxed as costs. ­­-------- (L. 1991 S.B. 138 § 5, A.L. 1993 S.B. 236)
MO Rev Stat § 228.358 (2021)
2021 Missouri Revised Statutes|Title XIV - Roads and Waterways|Chapter 228 - Establishment and Vacation of Roads|Section 228.358 - Report of commissioners, exceptions to, filed when — jury impaneled, when — judgment, contents.

Effective - 28 Aug 1993   228.358. Report of commissioners, exceptions to, filed when — jury impaneled, when — judgment, contents. — Within ten days after notification of the commissioners' report, either party may file exceptions to the report and assessment of damages. If no exceptions are filed, the court shall enter a judgment establishing or widening the private road and assessing the damages as set forth in the commissioners' report to be paid by the plaintiffs to the defendants. If either party files exceptions, the court shall impanel a jury and conduct a trial to determine the amount of damages to be paid by the plaintiffs to the defendants. Thereafter, the court shall enter a judgment establishing or widening the private road and assessing the damages as set forth in the jury's verdict, and the provisions of the interlocutory order as provided in section 228.352 shall be included in such judgment. The private road so established or widened shall be a permanent easement appurtenant to the plaintiffs' real property. ­­-------- (L. 1991 S.B. 138 § 6, A.L. 1993 S.B. 236)
MO Rev Stat § 228.362 (2021)
2021 Missouri Revised Statutes|Title XIV - Roads and Waterways|Chapter 228 - Establishment and Vacation of Roads|Section 228.362 - Use of road allowed, when — damages for use allowed, when — abandonment of proceedings, effect.

Effective - 28 Aug 1993   228.362. Use of road allowed, when — damages for use allowed, when — abandonment of proceedings, effect. — If any party has filed exceptions to the commissioners' report pursuant to section 228.358, the plaintiffs shall be entitled to use of the private road before judgment is entered and becomes final and appeals, if any, have been exhausted, if the plaintiffs shall have given an appeal bond in such amount as the circuit court deems sufficient to pay the probable damages that plaintiffs will owe plus costs. Otherwise, the plaintiffs shall not be entitled to use of the private road until judgment is entered and becomes final and appeals, if any, have been exhausted and the plaintiffs have satisfied the damage award contained in the judgment. The plaintiffs may voluntarily abandon the proceedings and dismiss the petition at any time prior to satisfaction of the damage award, and if the plaintiffs do not satisfy the damage award within sixty days following the date upon which the judgment becomes final and appeals, if any, have been exhausted, then the proceedings shall be deemed abandoned. In either instance, the circuit court shall retain jurisdiction solely to enter an order vacating the judgment, dismissing the petition, and ordering disposition of the bond, if any. No execution shall issue on the damage award. If the plaintiffs shall have used the private road before judgment has become final and appeals, if any, have been exhausted, and the private road is not, for any reason, established according to the terms of sections 228.342 to 228.368 after final judgment and appeals, the plaintiffs and their sureties shall be liable on their bond for all damages and costs occasioned by such use of the private road. If the petition is voluntarily dismissed after the filing of the commissioners' report or is deemed abandoned, the plaintiffs and the successors and assigns to the real property which was the subject of the petition shall be barred for a period of seven years from the date of the abandonment or dismissal from filing another petition under sections 228.342 to 228.368, for the establishment or widening of a private road over the same or any part of the real property over which the private road was sought in the prior petition. ­­-------- (L. 1991 S.B. 138 § 7, A.L. 1993 S.B. 180 and A.L. 1993 S.B. 236, A.L. 2011 H.B. 315)
MO Rev Stat § 228.365 (2021)
2021 Missouri Revised Statutes|Title XIV - Roads and Waterways|Chapter 228 - Establishment and Vacation of Roads|Section 228.365 - Change of judge, venue.

Effective - 28 Aug 1993   228.365. Change of judge, venue. — Any application for change of judge must be filed within thirty days after the answer to the petition is due or within thirty days after designation of the judge who will conduct the nonjury hearing for establishment or widening of the private road, whichever date is later. Any application for change of venue may only be filed within ten days after exceptions to the commissioners' report are filed. ­­-------- (L. 1991 S.B. 138 § 8, A.L. 1993 S.B. 236)
MO Rev Stat § 228.368 (2021)
2021 Missouri Revised Statutes|Title XIV - Roads and Waterways|Chapter 228 - Establishment and Vacation of Roads|Section 228.368 - Costs.

Effective - 28 Aug 2012   228.368. Costs. — The costs of the proceedings to establish or widen a private road incurred up to and including the filing of the commissioners' report shall be paid by the plaintiff; and the court, as to any costs incurred in proceedings subsequent thereto, including the costs of the jury trial, may make such order as in its discretion may be deemed just, including, in the case of a proceeding to obtain a maintenance order, assessing the costs to all benefitted homeowners. ­­-------- (L. 1991 S.B. 138 § 9, A.L. 2012 H.B. 1103)