reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XIV - Roads and Waterways › Chapter 235 - Street Light Maintenance Districts › Section 235.190 - Taxes to be levied and collected as other taxes.

Title XIV ROADS AND WATERWAYS
Chapter 235
• Effective - 28 Aug 1947
235.190. Taxes to be levied and collected as other taxes. —
It shall be the duty of the body having authority to levy taxes within the county to levy the taxes provided in this law, and it shall be the duty of all officials charged with the duty of collecting taxes to collect such taxes at the time and in the form and manner and with like interest and penalties as other taxes are collected; and when collected, to pay the same to the district ordering its levy and collection or entitled to the same, and the payment of such collections shall be made monthly to the treasurer of the district and paid into the depositary thereof to the credit of the district. All taxes levied under this law, together with interest thereon and penalties for default in payment thereof, and all costs of collecting the same, shall, until paid, constitute a perpetual lien on and against the property taxed, and such lien shall be on a parity with the tax lien of general taxes, and no sale of such property to enforce any general tax or other lien shall extinguish the perpetual lien of district taxes.
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(L. 1947 V. I p. 452 § 19)
2023 Missouri Revised Statutes › Title XIV - Roads and Waterways › Chapter 235 - Street Light Maintenance Districts › Section 235.200 - Property to be sold for delinquent taxes — manner.

Title XIV ROADS AND WATERWAYS
Chapter 235
Effective - 28 Aug 1947
235.200. Property to be sold for delinquent taxes — manner. —
If the taxes levied are not paid as provided in section 235.190, then the delinquent real property shall be sold at the regular tax sale for the payment of said taxes, interest and penalties, in the manner provided by the statutes of the state of Missouri for selling property for the nonpayment of general taxes. If there are no bids at said tax sale for the property so offered, said property shall be struck off to the county or other agency provided by law, and the county or agency shall account to the district in the same manner as provided by law for accounting for school, town and city taxes. Delinquent personal property shall be distrained and sold as provided by general law.
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(L. 1947 V. I p. 452 § 20)
2023 Missouri Revised Statutes › Title XIV - Roads and Waterways › Chapter 235 - Street Light Maintenance Districts › Section 235.210 - Boundaries of district may be altered to include new territory — annexation, procedure.

Title XIV ROADS AND WATERWAYS
Chapter 235
Effective - 28 Aug 2007
235.210. Boundaries of district may be altered to include new territory — annexation, procedure. —
1. The boundaries of any district organized under the provisions of this law may be changed in the manner prescribed in this section and in section 235.220, but any change of boundaries of the district shall not impair or affect its organization or its rights in or to property, or any of its rights or privileges whatsoever; or shall it affect or impair or discharge any contract, obligation, lien or charge for or upon which it might be liable or chargeable had the change of boundaries not been made.
2. A petition for annexation of real property in an area contiguous with a street light maintenance district organized under this chapter and not located within any municipality or another street light maintenance district shall be signed by property owners who own not less than ten percent of the parcels of property within the area proposed for annexation. The petition shall be filed with the county clerk in which the district is situated and shall be addressed to the county commission. A hearing shall be held regarding the proposed annexation petition as soon as reasonably possible. If the county commission finds at the hearing that the petition is in compliance with the provisions of this section, they shall order the question to be submitted to the voters within the proposed area of annexation and within the district at a municipal, primary, or general election.
3. The question shall be submitted in substantially the following form:
Shall ______ (description of area) be annexed to the ______ street light maintenance district?
☐ YES
☐ NO
If you are in favor of the question, place an "X" in the box opposite "YES". If you are opposed to the question, place an "X" in the box opposite "NO".
4. If a majority of the votes cast on the question in the district and in the area described in the petition, respectively, are in favor of the annexation, the county commission shall by order declare the area annexed and shall describe the altered boundaries of the district. A copy of the order of the commission shall be filed within the county recorder. If a majority of the votes cast on the question in the district and in the area described in the petition, respectively, are not in favor of the annexation, such area shall not be declared annexed. No such question shall be resubmitted to the voters sooner than twelve months from the date of submission of the last question.
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(L. 1947 V. I p. 452 § 21, A.L. 1967 p. 353, A.L. 2007 S.B. 22)
2023 Missouri Revised Statutes › Title XIV - Roads and Waterways › Chapter 235 - Street Light Maintenance Districts › Section 235.220 - Boundaries may be altered to exclude certain territory, how.

Title XIV ROADS AND WATERWAYS
Chapter 235
• Effective - 28 Aug 1947
235.220. Boundaries may be altered to exclude certain territory, how. —
1. The owner or owners of any real or personal property contained within the boundaries of the district may file with the board a petition praying that such property be excluded and taken from said district. Such petition shall describe the property which the petitioners desire to have excluded.
2. The secretary of the board shall cause a notice of filing of such petition to be published in the county in which said property is located. The notice shall state the filing of such petition, the names of petitioners, description of the property mentioned sought to be excluded and the prayer of said petitioners; and it shall notify all persons interested to appear at the office of said board at the time named in said notice showing cause in writing, if any they have, why said petition should not be granted.
3. The board at the time and place mentioned in the notice, or at the time or times at which the hearing of said petition may be adjourned, shall proceed to hear the petition and all objections thereto presented in writing by any person showing cause as aforesaid, why the prayer of the petition should not be granted. The filing of such petition shall be deemed and taken as an assent by each and all such petitioners to the exclusion from the district of the property mentioned in the petition, or any part thereof.
4. The board, if it deems it not for the best interests of the district that the property mentioned in the petition, or any portion thereof, shall be excluded from the district, shall order that said petition be denied; but if it deems it for the best interest of the district that the property mentioned in the petition, or some portion thereof, be excluded from the district, then the board may order the property mentioned in the petition or some portion thereof, excluded from the district.
5. Upon allowance of such petition, the board shall file a certified copy of the order of the board making such change with the county clerk; and upon order of the county commission said property shall be excluded from the district, and a copy of the order of the board and the order of the commission shall be filed with the recorder.
6. The county commission shall make any such order excluding property from the district as provided in the order of the board, unless the commission shall find that such order of the board was not authorized by law, or that such order of the board was not supported by competent and substantial evidence.
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(L. 1947 V. I p. 452 § 22)
2023 Missouri Revised Statutes › Title XIV - Roads and Waterways › Chapter 235 - Street Light Maintenance Districts › Section 235.230 - Property subject to taxation.

Title XIV ROADS AND WATERWAYS
Chapter 235
Effective - 28 Aug 1947
235.230. Property subject to taxation. —
All real property included within, or excluded from, a district shall thereafter be subject to the levy of taxes for the payment of any indebtedness of the district outstanding at the time of inclusion or exclusion; provided, however, that after any real property shall have been excluded from a district, as provided in section 235.220, any buildings and improvements thereafter erected or constructed on said excluded real property, and all machinery and equipment thereafter installed or placed therein or thereon, and all tangible personal property not in said district at the time of the exclusion of said real property from said district which shall thereafter be situate on or used in connection with said real property, shall not be subject to any taxes levied by said district.
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(L. 1947 V. I p. 452 § 23)
2023 Missouri Revised Statutes › Title XIV - Roads and Waterways › Chapter 235 - Street Light Maintenance Districts › Section 235.240 - Annexation of district by municipality.

Title XIV ROADS AND WATERWAYS
Chapter 235
Effective - 28 Aug 1947
235.240. Annexation of district by municipality. —
Any provision of the law to the contrary notwithstanding, no city, town or village shall annex a part of the territory of any district; but nothing herein shall be construed so as to prevent the annexation of the whole of the territory of a district by any city, town or village. If the entire district be annexed by any city, town or village as provided by law such municipality shall assume all debts, liabilities and obligations of the district; and title to all property, real, personal and mixed, of the district shall be transferred to and vested in such municipality.
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(L. 1947 V. I p. 452 § 24)
2023 Missouri Revised Statutes › Title XIV - Roads and Waterways › Chapter 235 - Street Light Maintenance Districts › Section 235.250 - Dissolution of district, election for, when required — form of ballot.

Title XIV ROADS AND WATERWAYS
Chapter 235
Effective - 28 Aug 1978
235.250. Dissolution of district, election for, when required — form of ballot. —
1. Whenever a petition signed by not less than one hundred voters in any district organized under the provisions of this chapter shall have been filed with the county commission setting forth all the relevant facts pertaining to said district, and alleging that the further operation of said district is inimicable to the best interests of the inhabitants of said district, and that said district should, in the interest of the public welfare and safety, be dissolved, said county commission shall have authority, after hearing evidence submitted on the aforesaid question, to order a submission of the question which shall be submitted to the voters of the district.
2. The question shall be submitted in substantially the following form:
Shall the ______ street light maintenance district be dissolved?
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(L. 1947 V. I p. 452 § 25, A.L. 1978 H.B. 971)
2023 Missouri Revised Statutes › Title XIV - Roads and Waterways › Chapter 235 - Street Light Maintenance Districts › Section 235.260 - Dissolution of district, when — procedure.

Title XIV ROADS AND WATERWAYS
Chapter 235
• Effective - 28 Aug 1978
235.260. Dissolution of district, when — procedure. —
1. If the commission shall find that it is to the best interest of the inhabitants of said district
*
that such district be dissolved, it shall make an order reciting the same and providing for the submission of the question to dissolve such district to a vote of the voters of the district. The question shall be submitted only at the time of the general election at which a board member is elected. Returns of the submission of the question certified to the commission.
2. If the commission finds that a majority of the voters voting thereon shall have voted in favor of the question to dissolve said district, the commission shall make a final order dissolving said district, and the order shall contain a proviso that said district shall continue in full force for the purpose of paying all outstanding and lawful obligations and disposing of property of the district; but no additional costs or obligations shall be created except such as are necessary to pay such costs, obligations and liabilities theretofore incurred or necessary to the winding up of the district.
3. If the commission shall find that a majority of the voters of the district voting thereon shall not have voted favorably on the question to dissolve such district, then the commission shall make a final order declaring such result dismissing the petition praying for the dissolution of said district; and the district shall continue to operate in the same manner as though said petition asking for such dissolution had not been filed.
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(L. 1947 V. I p. 452 § 26, A.L. 1978 H.B. 971)
*Word "and" appears here in original rolls.
2023 Missouri Revised Statutes › Title XIV - Roads and Waterways › Chapter 235 - Street Light Maintenance Districts › Section 235.270 - Appointment of trustee to liquidate district.

Title XIV ROADS AND WATERWAYS
Chapter 235
Effective - 28 Aug 1947
235.270. Appointment of trustee to liquidate district. —
No dissolution of such district shall invalidate or affect any right accruing to such district, or to any person, or invalidate or affect any contract or indebtedness entered into or imposed upon such district or person; and whenever the county commission shall, under the provisions of section 235.260, dissolve any such district, the said commission shall appoint some competent person to act as trustee for the said district so dissolved, and such trustee before entering upon the discharge of his duties shall take and subscribe an oath that he will faithfully discharge the duties of his office, and shall give bond with sufficient security, to be approved by the county commission, to the use of such dissolved district, for the faithful discharge of his duties, and shall proceed to liquidate said district under orders of said commission.
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(L. 1947 V. I p. 452 § 27)
2023 Missouri Revised Statutes › Title XIV - Roads and Waterways › Chapter 236 - Dams, Mills and Electric Power › Section 236.010 - Dams across nonnavigable streams — who may erect.

Title XIV ROADS AND WATERWAYS
Chapter 236
• Effective - 28 Aug 1939
236.010. Dams across nonnavigable streams — who may erect. —
Any person or corporation chartered and organized to construct, operate and maintain mills, electric power and light works, or other machinery, may erect a dam across any watercourse, not being a navigable stream, if such person or corporation is the proprietor of the land through which the watercourse runs at the point where it is proposed to erect such dam, by proceeding as herein provided.
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(RSMo 1939 § 10286)
Prior revisions: 1929 § 9157; 1919 § 7399; 1909 § 5456
(1962) Civil rule prescribing condemnation procedure governs procedure to be followed in exercise of power of eminent domain granted by chapters 236 and 523, RSMo. Union Electric Co. v. Jones (Mo.), 356 S.W.2d 857.
2023 Missouri Revised Statutes › Title XIV - Roads and Waterways › Chapter 236 - Dams, Mills and Electric Power › Section 236.020 - Owner of land on one side of stream may erect dam.

Title XIV ROADS AND WATERWAYS
Chapter 236
• Effective - 28 Aug 1939
236.020. Owner of land on one side of stream may erect dam. —
Any person or corporation chartered and organized to construct, operate and maintain mills, electric power and light works, or other machinery, being the owner, in fee simple, of the land on one side of such watercourse, including a part of the bed of the stream, at a point where it is proposed to erect a dam, may, nevertheless, erect such dam by proceeding as herein provided.
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(RSMo 1939 § 10287)
Prior revisions: 1929 § 9158; 1919 § 7400; 1909 § 5457
2023 Missouri Revised Statutes › Title XIV - Roads and Waterways › Chapter 236 - Dams, Mills and Electric Power › Section 236.030 - Petition to be filed in circuit court — contents.

Title XIV ROADS AND WATERWAYS
Chapter 236
• Effective - 28 Aug 1939
236.030. Petition to be filed in circuit court — contents. —
In the case supposed in section 236.010, the person or corporation proposing to erect a dam shall file a petition in the circuit court of the county in which it is proposed to erect such mill, electric power and light works, or other machinery, in connection with the dam, and shall therein set forth:
(1) A description of the land and an abstract of the title thereto;
(2) The name of the watercourse, and a description of the point at which it is proposed to erect such dam;
(3) The altitude of the dam which it is proposed to erect; and
(4) The kind of mill, electric power and light works, or other machinery, which it is proposed to connect with the dam.
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(RSMo 1939 § 10288)
Prior revisions: 1929 § 9159; 1919 § 7401; 1909 § 5458
(1961) This section was designed to promote the construction of mills and to protect the owners of land along watercourses and contemplated a permanent construction. It has no application to a temporary dam to enable the construction of a bridge. Rector v. Tobin Const. Co. (A.), 351 S.W.2d 816.
2023 Missouri Revised Statutes › Title XIV - Roads and Waterways › Chapter 236 - Dams, Mills and Electric Power › Section 236.040 - Additional information to be set out.

Title XIV ROADS AND WATERWAYS
Chapter 236
Effective - 28 Aug 1939
236.040. Additional information to be set out. —
In the case supposed in section 236.020, the person or corporation proposing to erect a dam shall file a petition as provided in section 236.030, and in addition thereto shall set forth:
(1) The name and place of residence of the owner of the land on the other side of the watercourse whereon to abut such dam;
(2) On what side of the watercourse it is proposed to erect such mill, electric power and light works, or other machinery in connection with the dam; and
(3) A prayer that the title to one acre of the land on the opposite side of such watercourse, to include the place where to abut such dam, may be decreed to such person or corporation, and that the same may be set apart by metes and bounds.
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(RSMo 1939 § 10289)
Prior revisions: 1929 § 9160; 1919 § 7402; 1909 § 5459
2023 Missouri Revised Statutes › Title XIV - Roads and Waterways › Chapter 236 - Dams, Mills and Electric Power › Section 236.050 - Petition, where filed.

Title XIV ROADS AND WATERWAYS
Chapter 236
Effective - 28 Aug 1939
236.050. Petition, where filed. —
Such petition shall be filed in the circuit court of the county within which the petitioner proposes to erect such mill, electric power and light works, or other machinery.
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(RSMo 1939 § 10290)
Prior revisions: 1929 § 9161; 1919 § 7403; 1909 § 5460
2023 Missouri Revised Statutes › Title XIV - Roads and Waterways › Chapter 236 - Dams, Mills and Electric Power › Section 236.060 - Writ of ad quod damnum.

Title XIV ROADS AND WATERWAYS
Chapter 236
Effective - 28 Aug 1939
236.060. Writ of ad quod damnum. —
Upon filing the petition, it shall be the duty of the court to cause a writ of ad quod damnum to be issued, under the seal of the court, directed to the sheriff, commanding him to summon twelve fit persons of his county to meet at the place where it is proposed to erect a dam, on a day to be named in the writ, then and there to inquire, by the said jury, touching the matters contained in the petition a copy of which shall accompany the writ.
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(RSMo 1939 § 10291)
Prior revisions: 1929 § 9162; 1919 § 7404; 1909 § 5461
2023 Missouri Revised Statutes › Title XIV - Roads and Waterways › Chapter 236 - Dams, Mills and Electric Power › Section 236.070 - Duty of sheriff in executing writ.

Title XIV ROADS AND WATERWAYS
Chapter 236
Effective - 28 Aug 1939
236.070. Duty of sheriff in executing writ. —
The sheriff shall attend the jury on the day and at the place appointed, and upon full examination, inquire by such jury:
(1) What damage each proprietor will sustain by reason of inundation consequent upon the erection of the dam, as proposed;
(2) Whether the mansion house of any such proprietor, or the outhouses, curtilages or gardens thereto immediately belonging, or orchard, will be overflowed thereby;
(3) Whether and to what extent ordinary navigation and the passage of fish will be obstructed by such erection, and whether and by what means the same may be prevented or diminished; and
(4) Whether the health of the neighborhood will be materially affected in consequence of such erection.
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(RSMo 1939 § 10292)
Prior revisions: 1929 § 9163; 1919 § 7405; 1909 § 5462
2023 Missouri Revised Statutes › Title XIV - Roads and Waterways › Chapter 236 - Dams, Mills and Electric Power › Section 236.080 - Acre of ground to be set apart, when.

Title XIV ROADS AND WATERWAYS
Chapter 236
Effective - 28 Aug 1939
236.080. Acre of ground to be set apart, when. —
In the case supposed in section 236.020, the sheriff shall further inquire by the jury the value of the acre of land mentioned in the prayer of the petition, and set apart the same by metes and bounds.
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(RSMo 1939 § 10293)
Prior revisions: 1929 § 9164; 1919 § 7406; 1909 § 5463
2023 Missouri Revised Statutes › Title XIV - Roads and Waterways › Chapter 236 - Dams, Mills and Electric Power › Section 236.090 - Proprietor to be notified of the inquest.

Title XIV ROADS AND WATERWAYS
Chapter 236
Effective - 28 Aug 1939
236.090. Proprietor to be notified of the inquest. —
In such case the sheriff shall give the proprietor of the land whereof one acre is prayed for, a reasonable notice of the time and place when and where he will take the inquest of the jury, if such proprietor be in his county, and if not, he shall set up notice at the house of the tenant of such land, and if there be no actual tenant thereof, he shall set up such notice at some conspicuous place on the land.
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(RSMo 1939 § 10294)
Prior revisions: 1929 § 9165; 1919 § 7407; 1909 § 5464
2023 Missouri Revised Statutes › Title XIV - Roads and Waterways › Chapter 236 - Dams, Mills and Electric Power › Section 236.100 - Sheriff and jury may act in adjoining county.

Title XIV ROADS AND WATERWAYS
Chapter 236
Effective - 28 Aug 1939
236.100. Sheriff and jury may act in adjoining county. —
The sheriff and jury may enter and act in an adjoining county when necessary to the discharge of their duties.
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(RSMo 1939 § 10295)
Prior revisions: 1929 § 9166; 1919 § 7408; 1909 § 5465
2023 Missouri Revised Statutes › Title XIV - Roads and Waterways › Chapter 236 - Dams, Mills and Electric Power › Section 236.110 - Inquest to be in writing.

Title XIV ROADS AND WATERWAYS
Chapter 236
Effective - 28 Aug 1939
236.110. Inquest to be in writing. —
The inquest of the jury shall be reduced to writing, signed by each of the jurors, and returned by the sheriff, together with the writ and a statement of the manner in which he executed it, into the court whence it issued, without delay.
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(RSMo 1939 § 10296)
Prior revisions: 1929 § 9167; 1919 § 7409; 1909 § 5466
2023 Missouri Revised Statutes › Title XIV - Roads and Waterways › Chapter 236 - Dams, Mills and Electric Power › Section 236.120 - Proceedings on return of inquest.

Title XIV ROADS AND WATERWAYS
Chapter 236
Effective - 28 Aug 1939
236.120. Proceedings on return of inquest. —
Upon the return of such inquest and writ, any person aggrieved by the verdict of the jury may file his objections to the proceedings under such writ, and to the verdict, and show cause why the proceedings should be quashed and the verdict set aside.
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(RSMo 1939 § 10297)
Prior revisions: 1929 § 9168; 1919 § 7410; 1909 § 5467
2023 Missouri Revised Statutes › Title XIV - Roads and Waterways › Chapter 236 - Dams, Mills and Electric Power › Section 236.130 - Issues to be tried as in civil cases.

Title XIV ROADS AND WATERWAYS
Chapter 236
Effective - 28 Aug 1939
236.130. Issues to be tried as in civil cases. —
The court may thereupon direct issues to be made up and tried as in other civil cases, and if good cause be shown therefor, the court shall quash the proceedings and set aside the verdict.
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(RSMo 1939 § 10298)
Prior revisions: 1929 § 9169; 1919 § 7411; 1909 § 5468
2023 Missouri Revised Statutes › Title XIV - Roads and Waterways › Chapter 236 - Dams, Mills and Electric Power › Section 236.140 - Costs, how adjudged.

Title XIV ROADS AND WATERWAYS
Chapter 236
Effective - 28 Aug 1939
236.140. Costs, how adjudged. —
The costs attending the trial of such issues shall be adjudged against the unsuccessful party, as in other civil cases.
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(RSMo 1939 § 10299)
Prior revisions: 1929 § 9170; 1919 § 7412; 1909 § 5469
2023 Missouri Revised Statutes › Title XIV - Roads and Waterways › Chapter 236 - Dams, Mills and Electric Power › Section 236.150 - Court may order new writ.

Title XIV ROADS AND WATERWAYS
Chapter 236
Effective - 28 Aug 1939
236.150. Court may order new writ. —
The court, on motion, may order a new writ of ad quod damnum to issue, for the purpose of having the damages assessed according to law.
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(RSMo 1939 § 10300)
Prior revisions: 1929 § 9171; 1919 § 7413; 1909 § 5470
2023 Missouri Revised Statutes › Title XIV - Roads and Waterways › Chapter 236 - Dams, Mills and Electric Power › Section 236.160 - Court may enter order to erect dam, when.

Title XIV ROADS AND WATERWAYS
Chapter 236
• Effective - 28 Aug 1939
236.160. Court may enter order to erect dam, when. —
If no objections be filed to the proceedings under the writ or to the verdict of the jury, and it shall appear to the court, upon a view of the inquest, that the mansion house of any proprietor, or the outhouse, curtilages or gardens thereto belonging, or orchard, will not be overflowed, and that the health of the neighborhood will not be materially affected by the stagnation of water consequent upon the proposed erection, the court shall thereupon grant or refuse the permission prayed for, according to its judgment of what would be most reasonable and just under all circumstances.
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(RSMo 1939 § 10301)
Prior revisions: 1929 § 9172; 1919 § 7414; 1909 § 5471
2023 Missouri Revised Statutes › Title XIV - Roads and Waterways › Chapter 236 - Dams, Mills and Electric Power › Section 236.170 - Court shall include in its order, what.

Title XIV ROADS AND WATERWAYS
Chapter 236
• Effective - 28 Aug 1939
236.170. Court shall include in its order, what. —
When the party petitioning prays for an acre of land whereon to abut his dam, the court shall include in its order, if the petition is granted, a judgment vesting the title of such acre of land in the party petitioning, his heirs and assigns forever.
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(RSMo 1939 § 10302)
Prior revisions: 1929 § 9173; 1919 § 7415; 1909 § 5472
2023 Missouri Revised Statutes › Title XIV - Roads and Waterways › Chapter 236 - Dams, Mills and Electric Power › Section 236.180 - Privilege to erect subject to certain conditions.

Title XIV ROADS AND WATERWAYS
Chapter 236
Effective - 28 Aug 1949
236.180. Privilege to erect subject to certain conditions. —
The judgment and order authorized by sections 236.160 and 236.170, and the rights and privileges thereby granted, shall, in all cases, be upon and subject to the conditions following:
(1) Such conditions in reference to the obstructions to the passage of fish and ordinary navigation, as the court shall think proper to impose;
(2) That all damages and valuations assessed and made by the jury shall be paid;
(3) That the dam and mills, electric power and light works, or other machinery, shall be commenced within one year, and finished and ready for business within three years from the date of the order of permission;
(4) That whenever the dam or mill, electric power and light works, or other machinery, shall be destroyed or materially impaired, the same shall be built or repaired within three years thereafter; but if the owner of such dam or mill, electric power and light works, or other machinery, shall be an infant, or of unsound mind, or imprisoned at the time such dam or mill, electric power and light works, or other machinery, shall be destroyed or materially impaired, then within three years after such disability is removed.
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(RSMo 1939 § 10303, A. 1949 S.B. 1080)
Prior revisions: 1929 § 9174; 1919 § 7416; 1909 § 5473
CROSS REFERENCE:
Dam owners to maintain fishways--fish hatchery in lieu of fishway, 252.150
2023 Missouri Revised Statutes › Title XIV - Roads and Waterways › Chapter 236 - Dams, Mills and Electric Power › Section 236.190 - Land decreed for mill privileges to revert, when.

Title XIV ROADS AND WATERWAYS
Chapter 236
Effective - 28 Aug 1939
236.190. Land decreed for mill privileges to revert, when. —
In case of noncompliance with any of the conditions concerning the building, rebuilding or repairing, where the land of another shall have been adjudged by the court for the purpose of an abutment, the same shall revert to and revest in the original owner, his assigns or legal representatives.
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(RSMo 1939 § 10304)
Prior revisions: 1929 § 9175; 1919 § 7417; 1909 § 5474
2023 Missouri Revised Statutes › Title XIV - Roads and Waterways › Chapter 236 - Dams, Mills and Electric Power › Section 236.200 - Height of dam, how increased.

Title XIV ROADS AND WATERWAYS
Chapter 236
Effective - 28 Aug 1939
236.200. Height of dam, how increased. —
Any owner of any dam or mill, electric power and light works, or other machinery, erected by virtue of this or any previous law, may increase the altitude of his dam by permission of the court, under and by the same proceedings, regulations and conditions herein provided.
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(RSMo 1939 § 10305)
Prior revisions: 1929 § 9176; 1919 § 7418; 1909 § 5475
2023 Missouri Revised Statutes › Title XIV - Roads and Waterways › Chapter 236 - Dams, Mills and Electric Power › Section 236.210 - Inquest not to bar right of action, when.

Title XIV ROADS AND WATERWAYS
Chapter 236
Effective - 28 Aug 1939
236.210. Inquest not to bar right of action, when. —
The inquest of the jury, or the order and permission of the court founded thereupon, shall not bar any prosecution or action for injuries caused by the erections herein contemplated, except such as were actually foreseen and estimated by the jury.
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(RSMo 1939 § 10306)
Prior revisions: 1929 § 9177; 1919 § 7419; 1909 § 5476
2023 Missouri Revised Statutes › Title XIV - Roads and Waterways › Chapter 236 - Dams, Mills and Electric Power › Section 236.220 - Power of court to prevent erection of dam.

Title XIV ROADS AND WATERWAYS
Chapter 236
Effective - 28 Aug 1939
236.220. Power of court to prevent erection of dam. —
The circuit court of the proper county shall have power, upon petition, to prevent the erection or raising of any dam, stoppage, or obstruction across any stream which shall operate as a nuisance and be injurious to any mill, electric power and light works, or other machinery erected, or which shall dam up and render impure or unwholesome or unhealthy the waters of said stream at any point where water is or may be taken from said stream to supply the inhabitants of any city or town or village in the state with water, or of any dam, the erection of which has been authorized by the order of any competent tribunal, of a date earlier than that permitting the erection and raising of such first mentioned dam, stoppage or obstruction; and such court may, upon a final hearing of such petition, order and adjudge that such dam, stoppage or obstruction be abated by the sheriff of the proper county.
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(RSMo 1939 § 10308)
Prior revisions: 1929 § 9179; 1919 § 7421; 1909 § 5478
2023 Missouri Revised Statutes › Title XIV - Roads and Waterways › Chapter 236 - Dams, Mills and Electric Power › Section 236.230 - Dams without chutes declared nuisances.

Title XIV ROADS AND WATERWAYS
Chapter 236
Effective - 28 Aug 1939
236.230. Dams without chutes declared nuisances. —
Every person who shall erect or maintain, or cause to be erected or maintained, in or across any of the waters of this state, unless said waters be wholly upon his own premises, any dam or other obstruction, no matter for what purpose, and shall not place and maintain thereon an apron or chute not less than fifteen feet wide, and sloping from each side to the center, so that the center shall be at least six inches lower than either edge, and having an inclination of not more than forty-five degrees, and so situated that the main current of water, impeded in its natural flow by the dam or other obstruction, shall pass over the same, or who shall not so construct or arrange such dam or other obstruction that it shall be lowest at the point where the apron or chute shall be placed, and low enough for the free passage of fish over the same each way, whenever the stream in which the same shall be situate shall be swollen beyond its ordinary size, shall be guilty of a misdemeanor, and shall be held to be guilty of a distinct offense each day he shall be in default as aforesaid; and every dam or other obstruction erected or maintained in violation of this section, shall be a public nuisance, and may be abated as such.
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(RSMo 1939 § 10312)
Prior revisions: 1929 § 9183; 1919 § 7425; 1909 § 5482
2023 Missouri Revised Statutes › Title XIV - Roads and Waterways › Chapter 236 - Dams, Mills and Electric Power › Section 236.240 - Dams deemed public nuisances, when.

Title XIV ROADS AND WATERWAYS
Chapter 236
Effective - 28 Aug 1939
236.240. Dams deemed public nuisances, when. —
All dams, stoppages and obstructions not made according to law shall be deemed to be public nuisances, and may be dealt with as such.
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(RSMo 1939 § 10309)
Prior revisions: 1929 § 9180; 1919 § 7422; 1909 § 5479
2023 Missouri Revised Statutes › Title XIV - Roads and Waterways › Chapter 236 - Dams, Mills and Electric Power › Section 236.250 - Forfeiture of rights, when.

Title XIV ROADS AND WATERWAYS
Chapter 236
Effective - 28 Aug 1939
236.250. Forfeiture of rights, when. —
If any person or corporation, or his or its legal representatives, to whom permission to erect a dam by virtue hereof shall have been given, shall fail to build, rebuild or repair the same, together with the mill, electric power and light works, or other machinery connected therewith, according to the requirements of law or the conditions of the permission, it shall be lawful for any person owning the land on one side of the watercourse, at the point where such dam is erected, or below, to build a dam and mill, electric power and light works, or other machinery thereon, as if no such permission had been given, without incurring any liability on account of backing the water on such dam.
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(RSMo 1939 § 10310)
Prior revisions: 1929 § 9181; 1919 § 7423; 1909 § 5480
2023 Missouri Revised Statutes › Title XIV - Roads and Waterways › Chapter 236 - Dams, Mills and Electric Power › Section 236.255 - Dam reconstructed and maintained when used for other purposes.

Title XIV ROADS AND WATERWAYS
Chapter 236
Effective - 28 Aug 1953
236.255. Dam reconstructed and maintained when used for other purposes. —
In any case where a dam has been erected for a period of thirty years or more, and property above the dam within one mile of the point where the dam is situated has been developed for use of the impounded waters above the dam, the owner of the land on either side of the stream at the point where the dam is located shall have the right and authority to repair, maintain or reconstruct the dam, even though the dam is not used for the operation of any mill, electric power and light works, or other machinery.
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(L. 1953 p. 669)
2023 Missouri Revised Statutes › Title XIV - Roads and Waterways › Chapter 236 - Dams, Mills and Electric Power › Section 236.260 - Privilege to construct dam to cease, when.

Title XIV ROADS AND WATERWAYS
Chapter 236
Effective - 28 Aug 1939
236.260. Privilege to construct dam to cease, when. —
If the improvement of the navigation of any stream shall be undertaken by the state, or by any county, or other lawful authority under the state, then the privilege of keeping any dam across such stream, the right to construct which may be hereafter granted, shall cease, if the same would prevent or obstruct the making of such improvement; and it shall be the duty of the owner or owners of such dam, either to remove it or to make such change in the same as will render the navigation safe and convenient, according to the plan of such improvement; said change or alteration in such dam shall be so constructed as to be approved of by the proper officers or agents who shall have the superintendence of the improvement of such stream.
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(RSMo 1939 § 10311)
Prior revisions: 1929 § 9182; 1919 § 7424; 1909 § 5481
2023 Missouri Revised Statutes › Title XIV - Roads and Waterways › Chapter 236 - Dams, Mills and Electric Power › Section 236.270 - Penalty for building without permission.

Title XIV ROADS AND WATERWAYS
Chapter 236
Effective - 28 Aug 1939
236.270. Penalty for building without permission. —
Any person who shall build or heighten any dam, or any other stoppage or obstruction on or across any watercourse, without first obtaining permission from the court of the proper county, according to law, and shall thereby work any injury to any other person, shall forfeit to the party injured double damages for such injury, to be recovered by civil action.
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(RSMo 1939 § 10307)
Prior revisions: 1929 § 9178; 1919 § 7420; 1909 § 5477
2023 Missouri Revised Statutes › Title XIV - Roads and Waterways › Chapter 236 - Dams, Mills and Electric Power › Section 236.280 - Right to divert stream through tunnel — conditions.

Title XIV ROADS AND WATERWAYS
Chapter 236
Effective - 28 Aug 1939
236.280. Right to divert stream through tunnel — conditions. —
Any person or persons, firm or firms, corporation or corporations, owning lands extending across the neck of any bend in any of the rivers of this state where a tunnel through such bends would create a waterfall to create electric power, that such owner or owners shall have the right to tunnel through such bends in such neck, on his or their or its own land or lands, and take up and divert and transmit and use the waters of said river (leaving enough water in said river at the point where said diversion shall be made to meet the wants of stock and the families below such point of diversion), and use the waters so diverted to create electric power for transmission and sale to the public, and then return such waters to said river again, without the consent of the riparian owners thereof owning shore lands on the inside and outside of said bend, between the intake and output points of said tunnel, by the use of the usual condemnation proceedings in the circuit court of the county of this state in which said lands, or a part thereof, are, or may be situated, to ascertain and establish the damage that will accrue to such owner or owners of said riparian rights by reason of the use and license aforesaid, and after this has been established and decreed, and that the judgment so awarded shall be paid before diverting and using said waters.
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(RSMo 1939 § 10313)
Prior revisions: 1929 § 9184; 1919 § 7426; 1909 § 5483
2023 Missouri Revised Statutes › Title XIV - Roads and Waterways › Chapter 236 - Dams, Mills and Electric Power › Section 236.405 - Employment of engineer and assistants — records — rulemaking, procedure.

Title XIV ROADS AND WATERWAYS
Chapter 236
• Effective - 28 Aug 1995
236.405. Employment of engineer and assistants — records — rulemaking, procedure. —
1. There is hereby created a dam and reservoir safety program in the department of natural resources. The council shall promulgate rules, regulations, guidelines, and standards relating to the determination of whether a dam or reservoir constitutes a danger to public safety, life or property to be effective upon approval by the director.
2. The director of the department of natural resources shall employ an experienced professional engineer as chief engineer and assistants to administer the activities of the dam and reservoir safety program.
3. The chief engineer shall be selected under the state merit system on the basis of professional experience directly related to the design and construction of dams and reservoirs.
4. The findings, opinions, and orders of the council and the chief engineer shall be kept as permanent public records in the offices of the department of natural resources.
5. No rule or portion of a rule promulgated under the authority of sections 236.400 to 236.500 shall become effective unless it has been promulgated pursuant to the provisions of section 536.024.
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(L. 1979 H.B. 603 § 2, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3)
2023 Missouri Revised Statutes › Title XIV - Roads and Waterways › Chapter 236 - Dams, Mills and Electric Power › Section 236.410 - Council established — members, terms, qualifications, officers — meetings — quorum — compensation — report.

Title XIV ROADS AND WATERWAYS
Chapter 236
• Effective - 28 Aug 2013
*236.410. Council established — members, terms, qualifications, officers — meetings — quorum — compensation — report. —
1. There is hereby created a "Dam and Reservoir Safety Council", whose domicile for the purposes of sections 236.400 to 236.500 shall be the department of natural resources of the state of Missouri, for the regulation of dam and reservoir safety. The council shall consist of seven members, no more than four of whom shall be members of the same political party, appointed by the governor with the advice and consent of the senate.
2. The members of the council shall have a background of academic training or professional experience directly related to the design of dams and reservoirs. At least two members of the council shall be professional engineers registered in the state of Missouri, one of whom shall represent the general public; at least one member shall be an engineering geologist; at least one member, in addition to the professional engineer, shall be a representative of the general public; two members shall be from industry, one of whom shall be earthmoving contractors; and one member shall be the owner of a dam or reservoir. Of the seven members, three shall be from each of the three United States congressional districts in this state with the highest number of dams. The members shall serve for a term of two years; except, of the first appointments three shall be appointed for one year. The governor shall fill any vacancy on the council and may remove any appointed member for cause. The council shall annually elect a chairman and vice chairman from among its members. The council shall meet regularly but not less than quarterly. Special meetings and hearings may be called upon delivery of written notice to each member of the council signed by the director, the chief engineer, the council chairman or four of the council members. Four members of the council shall constitute a quorum to transact the business of the council. The council shall decide all questions by a majority vote of those present and constituting a quorum. The members of this council shall not receive any compensations other than for actual travel and subsistence when acting officially as members of the council. The council shall prepare and present an annual report to the general assembly by December thirty-first of each year.
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(L. 1979 H.B. 603 § 3, A.L. 1992 H.B. 1634, A.L. 2013 H.B. 28 merged with H.B. 650)
Effective 8-28-13 (H.B. 28); 10-11-13 (H.B. 650)
*H.B. 650 effective 10-11-13, see § 21.250. H.B. 650 was vetoed July 12, 2013. The veto was overridden on September 11, 2013.
2023 Missouri Revised Statutes › Title XIV - Roads and Waterways › Chapter 236 - Dams, Mills and Electric Power › Section 236.415 - Council's powers and duties — public hearings required — adoption of rules and regulations, procedure.

Title XIV ROADS AND WATERWAYS
Chapter 236
• Effective - 28 Aug 1995
236.415. Council's powers and duties — public hearings required — adoption of rules and regulations, procedure. —
1. The council considering recommendations of the chief engineer shall, subsequent to a public meeting, adopt, subject to the approval of the director, the general technological guidelines and the standards, guidelines, rules and regulations applicable to permits, the design, construction, maintenance, operation, alteration, repair, enlargement, reduction, removal or natural physical changes that may occur to a dam or reservoir. Violations of guidelines, standards, rules and regulations are violations of sections 236.400 to 236.500 permitting the revocation, suspension, or refusal to issue any permit required by sections 236.400 to 236.500. No standards, guidelines, rules, or regulations shall be adopted, or any amendment or repeal thereof shall be effective, except after a public hearing to be held after thirty days' prior notice by advertisement or press release, and publication as required in chapter 536 of the date, time and place of the hearing and opportunity given to the public to be heard.
2. At the hearing, opportunity to be heard by the council with respect to the subject thereof shall be afforded any interested person upon written request to the council, addressed to the chief engineer, received not later than seven days prior to the hearing and may be afforded to other persons if convenient. In addition, any interested person, whether or not heard, may submit, within seven days subsequent to the hearings, a written statement of his views. The council may solicit the views, in writing, of persons who may be affected by, or interested in, proposed rules and regulations, standards or guidelines. Any person heard or represented at the hearing or making written request for notice shall be given written notice of the action of the council with respect to the subject thereof.
3. The council upon hearing the recommendations of the chief engineer and reviewing the application for a construction or registration permit shall approve or deny the permit application. The council may delegate authority to approve or deny permit applications to the chief engineer, whose actions shall be subject to appeal to the council as provided in subsection 2 of section 236.425.
4. No standard, rule or regulation or guideline, or amendment or repeal thereof, adopted by the council shall be in force and effect until it has been approved in writing by the director and the requirements of chapter 536 are satisfied. The affirmative vote of at least four members of the council shall be required for adoption.
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(L. 1979 H.B. 603 § 4, A.L. 1995 S.B. 3)
2023 Missouri Revised Statutes › Title XIV - Roads and Waterways › Chapter 236 - Dams, Mills and Electric Power › Section 236.420 - Inspection of dams and reservoirs, when — report on conditions.

Title XIV ROADS AND WATERWAYS
Chapter 236
• Effective - 28 Aug 1979
236.420. Inspection of dams and reservoirs, when — report on conditions. —
The council, with the advice and assistance of the chief engineer, shall carry out a state program of inspection of dams and reservoirs in accordance with regulations adopted by the council. All dams and reservoirs in this state shall be inspected on a periodic basis to determine if they constitute a threat to public safety, life or property. The chief engineer shall submit reports to the director and the council concerning the condition of each dam or reservoir inspected, and recommendations as to any alterations or repairs needed.
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(L. 1979 H.B. 603 § 5)