reglab/housing_qa huggingface dataset:
MO Rev Stat § 243.010 (2021)
2021 Missouri Revised Statutes|Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply|Chapter 243 - Drainage Districts Organized in County Commission|Section 243.010 - Definitions.

Effective - 28 Aug 1949   243.010. Definitions. — As used in this chapter:  (1) The word "ditch" shall be held to include a drain, watercourse, bank protection, current control or levee or any drain, watercourse, bank protection, current control or levee hereafter constructed;  (2) The word "owner" shall mean the owner of the freehold estate, as appears by the deed record, and it shall not include reversioners, remaindermen, trustees or mortgagees, who shall not be counted and need not be notified by publication, or served by process, but shall be represented by the present owners of the freehold estate in any proceeding under this chapter;  (3) The words "regular session" and "regular meeting" of the county commission shall be held to include and mean the regular terms of the county commission beginning on the first Mondays of February, May, August and November, or at such other times as fixed by the county commission in accordance with the provisions of section 49.170. ­­-------- (RSMo 1939 §§ 12398, 12452, 12453, A. 1949 S.B. 1083)  Prior revisions: 1929 §§ 10809, 10862, 10863; 1919 §§ 4477, 4529, 4530; 1909 §§ 5578, 5615
MO Rev Stat § 243.020 (2021)
2021 Missouri Revised Statutes|Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply|Chapter 243 - Drainage Districts Organized in County Commission|Section 243.020 - County commission authorized to organize drainage districts.

Effective - 28 Aug 1949   243.020. County commission authorized to organize drainage districts. — 1. When it shall be conducive to the public health, convenience or public welfare, or when it will be of public utility or benefit, the county commission of any county in this state shall have the authority to organize, incorporate and establish drainage districts and to cause to be constructed, straightened, widened, altered or deepened, any ditch, drain, natural stream (not navigable), bank protection, current control, or watercourse, when the same is necessary to drain or protect any land or other property.  2. The petition for any such improvement shall be held to include any side, lateral, spur, or branch ditch, drain, watercourse, or levee, the lowering of any lake, the protection of the banks of an adjacent stream from wash, cutting or erosion or any other work necessary to secure fully the object of the improvement, petitioned for, whether the same is mentioned in such petition or not. The commission may establish any such side, lateral, spur or branch ditch when the main ditch is established, or at any time thereafter, and the commission shall require that proper compensation be given the main ditch district for the outlet afforded such lateral, side, spur or branch ditch; provided, that in the event any work is to be done upon any navigable stream, the consent of the federal government shall be obtained to make such improvement or improvements before the actual work on the improvement shall be begun. ­­-------- (RSMo 1939 §§ 12398, 12452, A. 1949 S.B. 1083)  Prior revisions: 1929 §§ 10809, 10862; 1919 §§ 4477, 4529; 1909 §§ 5578, 5615
MO Rev Stat § 243.030 (2021)
2021 Missouri Revised Statutes|Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply|Chapter 243 - Drainage Districts Organized in County Commission|Section 243.030 - Petition to be filed — bond required.

Effective - 28 Aug 1939   243.030. Petition to be filed — bond required. — Before any county commission may organize, incorporate and establish a drainage district, or make any improvement as provided in this chapter, there must be filed with the clerk of the county commission a petition signed by one or more landowners, whose lands will be liable to be affected by or assessed for the construction of the improvements necessary to be made, which petition shall set forth the following:  (1) The necessity for the proposed improvement, as well as the starting point, route and terminus thereof;  (2) The boundary of the proposed district;  (3) The names of the owners of lands or other property within the boundary of said proposed district, together with a description of the said lands or other property owned by each; when the name of the owner of any of said land or other property is unknown the fact shall be stated in the petition. ­­There shall be filed, with such petition, a bond in the sum of not less than fifty dollars per mile, payable to the state of Missouri, signed by one or more of the petitioners, with two or more good and sufficient freehold sureties, to be approved by the county commission, conditioned for the payment of all costs and expenses if the prayer of the petition be not granted or the petition be from any cause dismissed. No landowner having signed a petition for the formation of a drainage district under this chapter shall have his name stricken from such petition without the written consent of the owners of a majority of the acreage represented by those signing said petition. ­­-------- (RSMo 1939 § 12399)  Prior revisions: 1929 § 10810; 1919 § 4478; 1909 § 5579
MO Rev Stat § 243.040 (2021)
2021 Missouri Revised Statutes|Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply|Chapter 243 - Drainage Districts Organized in County Commission|Section 243.040 - County commission to appoint counsel.

Effective - 28 Aug 1939   243.040. County commission to appoint counsel. — At the first term of the county commission after the filing of the petition the county commission shall appoint one or more attorneys, satisfactory to the owners of a majority of the acreage represented by those signing the petition, to assist in the establishment of the district and advise with its officers, agents and employees, prepare reports and other necessary documents. The county commission shall allow such attorney or attorneys just compensation to be taxed as costs in the case. ­­-------- (RSMo 1939 § 12400)  Prior revisions: 1929 § 10811; 1919 § 4479
MO Rev Stat § 243.050 (2021)
2021 Missouri Revised Statutes|Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply|Chapter 243 - Drainage Districts Organized in County Commission|Section 243.050 - County commission to appoint engineer and viewers — qualifications and duties.

Effective - 28 Aug 1990   243.050. County commission to appoint engineer and viewers — qualifications and duties. — 1. When such petition and bond has been filed and the bond approved, the county commission shall without delay appoint a competent civil and drainage engineer, who may be an individual, copartnership or corporation, and three persons as viewers, who shall be persons residing within the state of Missouri, and who shall not be landowners in the proposed district nor of kin within the fourth degree of consanguinity to any person owning land within the boundary line set forth in such petition. A majority of the viewers shall constitute a quorum and shall control in all matters. They shall subscribe an oath to faithfully discharge their duties as such viewers and engineer and to make a true report of the work done and the facts by them ascertained.  2. They shall proceed at once under the direction of an order of the county commission, certified by the clerk thereof, to view the location of the proposed ditch or improvement and the premises along and adjacent thereto. If they find that the proposed improvement is necessary, practicable and would be of public utility or conducive to the public health, convenience or welfare, they shall so report and in said report they shall indicate approximately the proper character, dimension, location and probable cost of the improvement necessary to accomplish the object of said petition and if necessary to determine the above facts the engineer may employ assistants and make surveys and with the approval of the county commission he may employ a consulting engineer or secure expert advice and the expense shall be taxed as expenses under the petition.  3. They shall also ascertain and report what land or other property, if any, adjacent to the proposed drainage district will be benefitted by the proposed improvement and shall prepare and submit as a part of their report a description of such lands or other property with the names of the owners thereof when the same can be ascertained by reasonable diligence and shall also set forth the boundary line of such proposed drainage district so as to include the additional land or other property. They shall report their findings in writing with such maps, profiles and drawings as are necessary to advise the county commission in the premises and shall promptly file the same with the county clerk. ­­-------- (RSMo 1939 § 12401, A.L. 1990 H.B. 1070)  Prior revisions: 1929 § 10812; 1919 § 4480; 1909 § 5580
MO Rev Stat § 243.060 (2021)
2021 Missouri Revised Statutes|Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply|Chapter 243 - Drainage Districts Organized in County Commission|Section 243.060 - Time of hearing to be published — form of notice.

Effective - 28 Aug 1939   243.060. Time of hearing to be published — form of notice. — Immediately after the report of the viewers and engineer has been filed, it will be the duty of the county clerk to cause notice thereof to be published in some newspaper published in the county wherein the proceedings are pending. Such notice shall be published once a week for three consecutive weeks, three times, and shall be in substantially the following form:   NOTICE OF PENDENCY OF PETITION TO FORM DRAINAGE DISTRICT.   Notice is hereby given to all persons interested in the following described land and other property in ______ County of Missouri (here describe the property as set out in the petition and report of the viewers and engineer) that there has been filed in this office a petition for the organization of a drainage district under the provisions of chapter 243, RSMo, that the duly appointed viewers and engineer have made and filed their report in this office, and that the lands and other property as above described will be affected by the formation of the proposed drainage district and be rendered liable to taxation for the purpose of paying the expenses of organizing and incorporating the district and making and maintaining the improvements that may be found necessary to drain, protect and reclaim the lands and other property therein and you and each of you are hereby notified that you may examine the said petition and report and file exceptions to all or any part thereof as provided by law.      __________________     Clerk of the county commission of ______ County,   Missouri.   ­­-------- (RSMo 1939 § 12402)  Prior revisions: 1929 § 10813; 1919 § 4481; 1909 § 5581
MO Rev Stat § 243.070 (2021)
2021 Missouri Revised Statutes|Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply|Chapter 243 - Drainage Districts Organized in County Commission|Section 243.070 - Remonstrance may be filed — judgment, effect.

Effective - 28 Aug 1939   243.070. Remonstrance may be filed — judgment, effect. — 1. Not later than ten days after the last day of publication of the notice provided for in section 243.060, any person interested in land or other property that will be affected by the organization of the proposed drainage district or by said proposed improvement, may file, in the office of the county clerk, a written remonstrance against or objection to the petition or report of the viewers, setting forth therein his grievance, which shall be, by the county commission, heard and determined, in a summary manner.  2. If, after hearing and determining all such objections, the county commission finds that the owners of a majority in acreage of the proposed district are petitioners or have joined in the prayer of said petition, by motion, or otherwise, then the county commission shall, or if less than a majority, the county commission, in its discretion, may find in favor of making the improvement. The petitioners shall be released from their liability and bond when the county commission shall find in favor of making the improvement. If the county commission finds in favor of making the improvement, it shall, by order of record, incorporate the land and other property described in the report of the viewers and engineer or any part thereof into a drainage district for the purpose of this chapter, and shall designate the same by number.  3. Such district shall be a body corporate and a political subdivision of the state, shall possess the usual powers of a corporation for public purposes, shall be capable of suing and being sued in its corporate name and shall be capable of holding such real and personal property as may be at any time either donated to or acquired by it in accordance with the provisions of this chapter or of which it may be rightfully possessed at the time of the passage of this chapter.  4. If the county commission shall find against the improvement, it shall dismiss the petition and proceedings at the cost of the petitioners, and shall issue an itemized bill of all costs and expenses, in like manner and with like effect as fee bills are issued by the clerk of the circuit court. ­­-------- (RSMo 1939 § 12403)  Prior revisions: 1929 § 10814; 1919 § 4482; 1909 §§ 5582, 5583
MO Rev Stat § 243.075 (2021)
2021 Missouri Revised Statutes|Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply|Chapter 243 - Drainage Districts Organized in County Commission|Section 243.075 - Dissolution of district, when, how.

Effective - 28 Aug 1971   243.075. Dissolution of district, when, how. — The county commission may, if it determines after notice and hearing, in the same manner as is provided for establishment of such a district that a drainage district organized by the county commission under this chapter has been inactive for at least ten years, make an order calling for the dissolution of the inactive district and the distribution of any funds of the inactive district, by the county treasurer, to any subsequently organized district or districts incorporating all or part of the territory of the inactive district on a pro rata basis of any funds of the inactive district; and if any portion of the inactive district incorporated under this chapter is not within a subsequently organized district the county commission shall order the county treasurer to make refunds on a pro rata basis to the present owners of the property on which the tax was levied as their interest appears of record, and the county treasurer shall have authority to draw checks against the funds of the district for this purpose. After all the funds have been distributed, the county commission shall declare the district dissolved. In prorating, the assessed valuation of the various tracts of land shall be the basis on which the proration is made and the assessed valuation of the tracts involved for the year in which the dissolution is ordered shall be used. ­­-------- (L. 1971 H.B. 346 § 1)
MO Rev Stat § 243.090 (2021)
2021 Missouri Revised Statutes|Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply|Chapter 243 - Drainage Districts Organized in County Commission|Section 243.090 - Report to be filed, when — landowners may be heard — vacancies, how filled.

Effective - 28 Aug 1939   243.090. Report to be filed, when — landowners may be heard — vacancies, how filled. — 1. The said viewers and engineer shall make a report of their work, as required in section 243.080, with the maps, profiles, schedules, estimates and other information, together with an itemized bill of costs made in the proper discharge of their duties and shall file this report with the clerk of the county commission within thirty days after making said surveys and estimates.  2. Any and all persons whose lands may be affected by the improvement may appear before the viewers and freely express their opinions on all matters pertaining thereto.  3. If any engineer or viewer shall die or fail or refuse to qualify and serve as such, the county commission may appoint some other person having the prescribed qualifications, who shall, before entering upon the discharge of his duties, take the oath prescribed by this chapter. ­­-------- (RSMo 1939 § 12406)  Prior revisions: 1929 § 10817; 1919 § 4485
MO Rev Stat § 243.100 (2021)
2021 Missouri Revised Statutes|Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply|Chapter 243 - Drainage Districts Organized in County Commission|Section 243.100 - Limitations for assessment of benefits.

Effective - 28 Aug 1939   243.100. Limitations for assessment of benefits. — 1. In assessing the benefits to lands, public highways, railroad and other rights-of-way, railroad roadways and other property not traversed by the improvements, the viewers shall not consider what benefits will be derived by such property after other ditches or improvements shall have been constructed, but they shall assess only such benefits as will be derived from the construction of the improvements to be constructed by this district, or as the same may afford an outlet for drainage or protection from overflow of or damage to such property.  2. The viewers shall give due consideration and credit to any other drains, ditch or ditches, levee or levees which may have already been constructed and which afford partial or complete protection to any tract or parcel of land in the new district.  3. The public highways, railroad and other rights-of-way, roadways, railroad and other property shall be assessed according to the increased physical efficiency and decreased maintenance cost of roadways by reason of the protection to be derived from the proposed improvements.  4. When part of a tract of land is to be acquired by the district for right-of-way or other purposes, the viewers shall list the remainder of the tract in the schedule of benefits, and show the acreage remaining and shall estimate the benefits which will accrue to same. ­­-------- (RSMo 1939 § 12407)  Prior revisions: 1929 § 10818; 1919 § 4486
MO Rev Stat § 243.110 (2021)
2021 Missouri Revised Statutes|Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply|Chapter 243 - Drainage Districts Organized in County Commission|Section 243.110 - Notice of filing of report to be published — form.

Effective - 28 Aug 1939   243.110. Notice of filing of report to be published — form. — Upon the filing of the report of the viewers and engineer, the clerk shall immediately give notice of the filing thereof, by publication in some newspaper published in the county wherein the proceeding is pending. Such notice shall be published for three successive weeks, three times, and shall be substantially in the following form, to wit:   NOTICE OF FILING OF VIEWERS' REPORT IN DRAINAGE DISTRICT NO. ______ OF ______ COUNTY, MISSOURI.   Notice is hereby given to all persons interested in the following described land and other property included within drainage district No. ______ of ______ County, Missouri (here describe land and other property), that the viewers heretofore appointed to establish the precise location of the improvements, to assess benefits and damages to the property and lands situate in said drainage district and to appraise the cash value of land necessary to be taken for rights-of-way and other works of said district within or without the limits of said district, filed their report in this office on the ______ day of ______, 20______, and you and each of you are hereby notified that you may examine said report and file exceptions to all or any part thereof, as provided by law.      __________________     Clerk of the county commission of ______ County,   Missouri.   ­­-------- (RSMo 1939 § 12408)  Prior revisions: 1929 § 10819; 1919 § 4487
MO Rev Stat § 243.130 (2021)
2021 Missouri Revised Statutes|Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply|Chapter 243 - Drainage Districts Organized in County Commission|Section 243.130 - Condemnation of additional land.

Effective - 28 Aug 1939   243.130. Condemnation of additional land. — The county commission shall have the right to condemn for the use of a district organized under the provisions of this chapter any necessary land or other property not acquired or condemned by the county commission on the report of the viewers, following also the procedure that is now provided by law for the appropriation of land or other property taken for telegraph, telephone and railroad rights-of-way. ­­-------- (RSMo 1939 § 12411)  Prior revisions: 1929 § 10822; 1919 § 4490  CROSS REFERENCE:  Condemnation of land for public purposes by county commission, proceedings, 49.300
MO Rev Stat § 243.140 (2021)
2021 Missouri Revised Statutes|Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply|Chapter 243 - Drainage Districts Organized in County Commission|Section 243.140 - Lands lying outside district may be annexed, when — proceedings.

Effective - 28 Aug 1939   243.140. Lands lying outside district may be annexed, when — proceedings. — 1. Any land lying outside of any drainage district as organized, the owner or owners of which shall thereafter make connection with any main ditch or drain, or other drain in any district, or whose lands are or will be benefitted by the work or drainage district, shall be deemed to have made voluntary application to be included in such drainage district, and thereupon the county commission shall obtain a description of such land benefitted and amount of benefits in same manner as provided for construction of ditches in this chapter, the name of the owner or owners thereof, and a description of the ditch or drain making such connection, and file the same in its records.  2. Said county commission shall then fix a day, not less than fifteen days from such filing, when it will hear complaints, and thereupon the clerk of said county commission shall give ten days' notice thereof in writing to such owners, which notice shall be served by reading or delivering a copy thereof to such owner or owners of, if a nonresident, to his tenant, and affidavit of such service shall be evidence thereof. At the time fixed, the county commission shall render its decision in said cause, and shall file copies thereof with the clerk of the county commission, giving a description of any land annexed, and such lands shall be deemed a part of such district, and shall be assessed as other lands therein for maintaining said ditches. ­­-------- (RSMo 1939 § 12445)  Prior revisions: 1929 § 10855; 1919 § 4522; 1909 § 5632
MO Rev Stat § 243.150 (2021)
2021 Missouri Revised Statutes|Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply|Chapter 243 - Drainage Districts Organized in County Commission|Section 243.150 - Taxes to be levied against county-owned swamplands, how paid.

Effective - 28 Aug 1939   243.150. Taxes to be levied against county-owned swamplands, how paid. — Whenever any of the counties in which any drainage district shall be organized under the provisions of this chapter shall be the owner of a tract or tracts of swamplands, granted to it by the state of Missouri, which will be benefitted by the construction of any such ditch or drain, the said land shall be assessed as to benefits and damages as any other land and the taxes levied against the same shall be paid by the county commission out of the swampland fund or out of any fund or funds arising from the proceeds of the sale of swamplands of such county. ­­-------- (RSMo 1939 § 12449)  Prior revisions: 1929 § 10859; 1919 § 4526