reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 245 - Levee Districts › Section 245.290 - County commissions may establish levee districts.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 245
• Effective - 28 Aug 1939
245.290. County commissions may establish levee districts. —
The county commissions of the several counties in this state containing contiguous bodies of lands subject to overflow or inundation or endangered or liable to be endangered by bank erosion or wash from rivers bordering upon or wholly within the state, may divide the territory of their respective counties subject to overflow or inundation or other damage into one or more districts, every such district of which, as well as those hereafter organized under the provisions of sections 245.285 to 245.545, shall be a body corporate, and possess the usual powers of a corporation for public purposes, under the name and style of "levee district No. ______ of ______ County"; and in that name shall be capable of suing and being sued, of holding such real and personal property as may at any time be either donated to or purchased by them in accordance with the provisions of sections 245.285 to 245.545, or of which they may be rightfully possessed at the time of the passage of this law, having reference to the locality of the land and the character of the riverfront, including in each of said districts, as near as possible, all the land subject to overflow or inundations, or endangered or liable to be endangered by bank erosion or wash from the same crevasses, bayous, draws or outflows from rivers, and in the same direction, and which can be protected by the same levee or system of levees or bank protection; provided, that when it shall be made to appear in any way that there shall be land in two or more counties subject to overflow or inundation from the same crevasses, bayous, draws or outflows from a river, and in the same direction, and which can be protected by the same levee or system of levees, either county, by and with the consent of the county commission of the other county or counties, duly entered of record, may lay off such territory of said county or counties into a levee district, in the same manner as herein provided for territory wholly within such county; 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.
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(RSMo 1939 § 12548)
Prior revisions: 1929 § 10958; 1919 § 4651; 1909 § 5714
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 245 - Levee Districts › Section 245.295 - Districts may be formed at regular meetings of governing body.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 245
• Effective - 12 Jul 1994, see footnote
245.295. Districts may be formed at regular meetings of governing body. —
The county commission, or other legislative body if different from the county commission, of any county in this state forming a levee district wholly within its limits, whether of the whole county or a part of such county, may lay off such levee district at any regular meeting of such commission.
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(RSMo 1939 § 12550, A.L. 1994 S.B. 633)
Prior revisions: 1929 § 10960; 1919 § 4652; 1909 § 5715
Effective 7-12-94
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 245 - Levee Districts › Section 245.300 - Notice to be given — mailing required.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 245
• Effective - 12 Jul 1994, see footnote
245.300. Notice to be given — mailing required. —
No such levee district shall be formed unless notice of an intention to apply therefor be first given by publication in some newspaper published in each county composing said proposed levee district, published once at least fifteen days before the commencement of the meeting of the county commission to which said application shall be made, and provided that the commission shall mail, by certified mail, a copy of the notice of the intention to form a district to the names listed on the county assessor's records of the owners of land or other individual or corporate franchise property in the district, including all public entities owning land within the district.
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(RSMo 1939 § 12551, A.L. 1994 S.B. 633)
Prior revisions: 1929 § 10961; 1919 § 4653; 1909 § 5716
Effective 7-12-94
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 245 - Levee Districts › Section 245.305 - Lands subject to overflow may be included in levee district.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 245
• Effective - 12 Jul 1994, see footnote
245.305. Lands subject to overflow may be included in levee district. —
Whenever the board of directors of any levee district shall, by petition, show to the county commission or other legislative body of the county in which said levee district is situated that there are lands in said county which are subject to overflow, and inundation from the same rivers, crevasses, or bayous as other lands included in said district, and which said lands are not included in said levee district, and asking that said lands be incorporated in said district, the county commission or other legislative body shall cause notice to be given to such landowners requiring them to appear at the next regular meeting of said commission or other legislative body and show cause why such lands should not be incorporated into said levee district, and at the next regular meeting the commission or other legislative body shall proceed to hear and determine the matter; and if it shall appear that such lands are subject to overflow and inundation from the same rivers, bayous and crevasses as the lands in said district, the commission or other legislative body shall make an order incorporating such lands into said levee district, and the assessor shall assess the benefits to said lands to be derived from the building of levees constructed or to be constructed by said levee district, in the same manner, and the board of equalization shall act upon the same in the same manner as heretofore provided in sections 245.285 to 245.545; provided, that if the owner of any such lands be a nonresident of the county, he may be notified by registered mail to the address used by the county assessor for tax purposes.
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(RSMo 1939 § 12597, A.L. 1994 S.B. 633)
Prior revisions: 1929 § 11007; 1919 § 4699; 1909 § 5762
Effective 7-12-94
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 245 - Levee Districts › Section 245.310 - Extending levees and levee districts.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 245
• Effective - 28 Aug 1939
245.310. Extending levees and levee districts. —
If at any time it becomes necessary or expedient to extend a levee, not exceeding ten miles, in levee districts already organized, or to enlarge any levee district for the purpose of extending any levee therein to be constructed, in order to better protect such district from overflow, and if a petition of not less than five landowners, of the district, be presented to the county commission, requesting the same, the said county commission shall call a meeting of the landowners of the district and of the landowners in the territory sought to be connected with the district, in accordance with the prayer of the petitioner, at some convenient point to the said territory, by giving due notice as required in section 245.460, and at such meeting an estimate of the costs of the proposed new work made by an engineer, must be laid before the meeting, and the landowners present shall then determine, by the majority of the votes cast, whether such proposed new territory shall be added, and also whether the proposed new work shall be done. But said vote may be cast by the landowners present, or by agent or proxy, representing them. And if it is determined to add the new territory or to extend the levee in districts already organized, there shall be a readjustment of the taxes for benefits, and the county assessor shall proceed to assess the benefits to all of the land in the district that will be benefitted by the proposed work; and the board of equalization shall act upon the same, and all the assessments, levying of taxes and the collecting of the same shall be proceeded with in the same manner as in the case of organizing a new district.
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(RSMo 1939 § 12595)
Prior revisions: 1929 § 11005; 1919 § 4697; 1909 § 5760
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 245 - Levee Districts › Section 245.315 - Existing levee districts may organize under this law.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 245
• Effective - 28 Aug 1939
245.315. Existing levee districts may organize under this law. —
Any levee district now organized or existing under the provisions of any other law of this state either general, special or local law, may elect in the manner herein provided to be and become organized under the provisions of sections 245.285 to 245.545; provided, that no such election or change of organization shall have the effect to repudiate or to permit the repudiation of any indebtedness or liability of such levee district which was made or incurred under its former organization, but all such indebtedness or liability shall attach to and become the debt or liability of the new organization till the same is fully paid off and discharged and all debts owing to, and all rights, privileges and immunities held or enjoyed by the old district under its former organization, shall be held and enjoyed by the new district when the same shall reorganize under the provisions of sections 245.285 to 245.545.
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(RSMo 1939 § 12599)
Prior revisions: 1929 § 11009; 1919 § 4701
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 245 - Levee Districts › Section 245.325 - Simple majority to decide election.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 245
• Effective - 28 Aug 1939
245.325. Simple majority to decide election. —
Should a majority of the votes of those voting upon the proposition be in favor of the change, the proposed change shall be deemed carried and the same shall be made, and the new district named and formed, and directors therefor appointed as provided in sections 245.300 and 245.335. The notice required by law to be given by said section 245.300 when the laying out of a new district is sought to be had shall be made and given, with such changes therein, as the circumstances shall require.
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(RSMo 1939 § 12601)
Prior revisions: 1929 § 11011; 1919 § 4703
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 245 - Levee Districts › Section 245.330 - Effect of reorganization of old districts.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 245
• Effective - 28 Aug 1939
245.330. Effect of reorganization of old districts. —
The action taken by the county commission in reorganizing an old district under sections 245.285 to 245.545, when such organization shall have been ordered under the provisions of sections 245.285 to 245.545, shall have in all ways and respects the same force and effect in law, as would the organization of a new district under the provisions of said sections 245.300 and 245.335, and the new district thus formed from the old one which existed under a different, general, local or special law, shall thereafter have all of the rights, privileges and immunities, and shall be authorized to exercise the same powers as would any new district originally organized under sections 245.285 to 245.545; provided, that such district changing its organization under the provisions of sections 245.285 to 245.545, shall take up the work of building, maintaining and repairing levees, and other similar improvements, where the old organization stopped; and provided, that the procedure of the new district thus formed shall after its organization proceed in conformity with the provisions of sections 245.285 to 245.545 as to work and acts thereafter to be done by the new district.
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(RSMo 1939 § 12602)
Prior revisions: 1929 § 11012; 1919 § 4704
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 245 - Levee Districts › Section 245.335 - Board of directors of levees appointed by county commission.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 245
• Effective - 28 Aug 1939
245.335. Board of directors of levees appointed by county commission. —
At the term of the county commission at which said levee district may be laid off, or at any subsequent term thereof, the said commission shall appoint three directors of levees, who shall be landholders within the county for the levee district of which the county is the whole or part thereof, one of which directors shall hold his said office for the term of one year, one for the term of two years, and one for the term of three years, and until their successors are duly appointed and qualified; and the said commission shall annually thereafter appoint one director to take the place of the director whose official term expires, possessing the same qualifications as the director first appointed, who shall hold his office for the term of three years.
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(RSMo 1939 § 12552)
Prior revisions: 1929 § 10962; 1919 § 4654; 1909 § 5717
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 245 - Levee Districts › Section 245.340 - Oath of directors.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 245
• Effective - 28 Aug 1939
245.340. Oath of directors. —
Said directors shall, before entering upon their duties, take and subscribe the oath prescribed by the constitution of this state, and that they will faithfully, honestly and impartially discharge their duties as directors, according to law, which oath shall be filed in the office of the county in which said directors may be appointed.
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(RSMo 1939 § 12553)
Prior revisions: 1929 § 10963; 1919 § 4655; 1909 § 5718
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 245 - Levee Districts › Section 245.345 - Board to organize.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 245
• Effective - 28 Aug 1939
245.345. Board to organize. —
The directors appointed under the provisions of sections 245.285 to 245.545, shall call a meeting of their body at such time and place as may be designated by the directors of the county in which the larger part of the levee district may lie. Said body shall be known and designated as the "board of directors of levee district No. _________ , lying in the counties of _________ ". Said board of directors shall organize by electing a president, vice president and secretary, all of whom shall be members of said board, and such other officers, agents and servants as said board of directors shall deem necessary to carry out the provisions of sections 245.285 to 245.545.
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(RSMo 1939 § 12554)
Prior revisions: 1929 § 10964; 1919 § 4656; 1909 § 5719
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 245 - Levee Districts › Section 245.350 - Majority of board a quorum.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 245
• Effective - 28 Aug 1939
245.350. Majority of board a quorum. —
A majority of said board of directors shall constitute a quorum for the transaction of the business of the board. All permanent vacancies in said board of directors, caused by death, resignation, removal from the county where appointed, or refusal to serve, shall be filled by the county commission of the county in which the vacancy occurs.
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(RSMo 1939 § 12585)
Prior revisions: 1929 § 10995; 1919 § 4687; 1909 § 5750
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 245 - Levee Districts › Section 245.355 - Duties of president and secretary.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 245
• Effective - 28 Aug 1939
245.355. Duties of president and secretary. —
The president of the board of directors shall preside at all meetings thereof; he shall sign the minutes and record of the proceedings of the board, and all warrants that may be drawn upon the treasurer by order of the board of directors for the payment of any money out of the treasury upon account of the levee fund of the district, and in general may do all acts and things that the said board may empower and authorize him to perform; and in his absence from any of the meetings of said board, the vice president shall preside and perform all the duties which have been conferred upon the president. In the absence of both the president and vice president at any meeting of the board, said board shall appoint one of their number to preside at such meeting, and the person so appointed shall have the same power and authority as has been conferred by law and by order of the said board upon the president. The secretary of said board of directors shall make out and safely keep a true and complete record of the proceedings of said board, in a book to be furnished for that purpose. He shall draw and attest all warrants on the treasurer for all moneys ordered by the board of directors to be paid out of the levee fund, and perform such other acts and duties as may be prescribed by such board.
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(RSMo 1939 § 12555)
Prior revisions: 1929 § 10965; 1919 § 4657; 1909 § 5720
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 245 - Levee Districts › Section 245.360 - Pay of directors.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 245
• Effective - 28 Aug 1986
245.360. Pay of directors. —
Each director attending a meeting of said board of directors shall be entitled to receive for his services for each day actually engaged in holding meetings of said board, the same per diem and mileage as allowed by law to commissioners of county commissions for their services in holding county commission meetings.
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(RSMo 1939 § 12583, A.L. 1986 H.B. 1554 Revision)
Prior revisions: 1929 § 10993; 1919 § 4685; 1909 § 5748
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 245 - Levee Districts › Section 245.365 - Board to determine what work is necessary.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 245
• Effective - 28 Aug 1939
245.365. Board to determine what work is necessary. —
It shall be the duty of said board of directors to determine what work is necessary to be done, or levees to be constructed, to protect their district from overflow or inundations or from bank erosion, wash or cutting from rivers. Whenever said board of directors shall deem it necessary they shall cause accurate surveys, maps and profiles thereof to be made of levees or other works to be constructed or repaired, and estimates and calculation of the costs of such work to be made by some experienced, suitable and competent engineer, who shall make a written report of the same, showing the amount, character and kind of work to be done, the exact location and probable cost thereof, and return the same, with all plans and specifications, to the board of directors.
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(RSMo 1939 § 12560)
Prior revisions: 1929 § 10970; 1919 § 4662; 1909 § 5725
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 245 - Levee Districts › Section 245.370 - Work to be let to lowest bidder.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 245
• Effective - 28 Aug 1939
245.370. Work to be let to lowest bidder. —
If it shall be decided at said meeting in the manner aforesaid, to do said work, the directors shall proceed to let the same out to the lowest and best bidder; provided, however, that said directors shall have the right to reject all bids, if the same be deemed too high. No director shall, either directly or indirectly, become a contractor for the building or repairing of any levee or public work contemplated by sections 245.285 to 245.545, nor have any interest therein, present or remote; and any director so offending shall, upon conviction, be punished by imprisonment in the penitentiary not exceeding five years.
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(RSMo 1939 § 12568)
Prior revisions: 1929 § 10978; 1919 § 4670; 1909 § 5733
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 245 - Levee Districts › Section 245.375 - Contractors to give bond.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 245
• Effective - 28 Aug 1939
245.375. Contractors to give bond. —
The contractors shall give bond to said board of directors, with good and sufficient security, in a sum sufficient to secure the prompt execution of their contract, conditioned to pay any damages which shall result to the landholders of said district from a failure to perform their said contracts, or by reason of negligent performance of the same.
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(RSMo 1939 § 12574)
Prior revisions: 1929 § 10984; 1919 § 4676; 1909 § 5739
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 245 - Levee Districts › Section 245.380 - Board to supervise work.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 245
• Effective - 28 Aug 1939
245.380. Board to supervise work. —
Said work shall be done by said contractors under the supervision of said board of directors, or any engineer or engineers to be selected by them for that purpose, and when completed, if performed according to the terms of their contract and the plans and specifications submitted to said meeting of landholders, shall be received and accepted by said board of directors.
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(RSMo 1939 § 12575)
Prior revisions: 1929 § 10985; 1919 § 4677; 1909 § 5740
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 245 - Levee Districts › Section 245.385 - Board to secure right-of-way.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 245
• Effective - 28 Aug 1939
245.385. Board to secure right-of-way. —
Before said work is let under contract said board of directors shall procure the right-of-way over all lands belonging to private persons and right-of-way or roadbed of any railway corporation and any other private or public corporation, and in case they cannot get a gratuitous relinquishment of such right-of-way, or in case said board of directors or the engineer, attorney or agent of said board of directors are unable to agree with the owner of said lands as to the amount of compensation to be paid such owner for said right-of-way, they shall proceed to condemn such, and all lands necessary for a right-of-way for such levee, or any extension thereof, according to the provisions of chapter 523.
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(RSMo 1939 § 12570)
Prior revisions: 1929 § 10980; 1919 § 4672; 1909 § 5735
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 245 - Levee Districts › Section 245.390 - Board to act with United States agencies.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 245
• Effective - 28 Aug 1939
245.390. Board to act with United States agencies. —
Said board of directors is hereby authorized and empowered to treat, contract and negotiate with what is known as the Mississippi River Commission, heretofore created by an act of the Congress of the United States, or with any other agency of the United States government, for the purpose of securing the construction, repair and maintenance of the levees within their levee district, or the aid, assistance or cooperation of said river commission or other agency in the construction, repair and maintenance of said levee or line of levee, or any part thereof, and to this end said board of directors may turn over to said Mississippi River Commission or other agency the use and control of any part of its line of levee or the whole of said line; may place its officers, servants and agents at the disposal of and under the direction of said Mississippi River Commission or other agency; may take in charge and superintend contracts for levee building and the building of the same, and generally shall have full power, authority and discretion to enter into any and all arrangements, contracts and agreements with said Mississippi River Commission or other agency of the United States government that will secure the construction of the levee and protection of the levee district from overflows and inundations from rivers, by said Mississippi River Commission or other agency, or their cooperation in such construction and protection.
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(RSMo 1939 § 12576)
Prior revisions: 1929 § 10986; 1919 § 4678; 1909 § 5741
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 245 - Levee Districts › Section 245.395 - Board to publish statement of work done.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 245
• Effective - 28 Aug 1939
245.395. Board to publish statement of work done. —
Said board of directors shall, at their first meeting after the expiration of one year from date of their organization, and annually thereafter make and publish in some newspaper published in the county composing the levee district, and when composed of two or more counties, then in each county lying in such district, a full and complete statement of the amount and kind of levee work done in the district, with amount of money collected and disbursed during the preceding year, showing from what officer and what account any money has been received, and to what individuals and on what account any money has been paid, and shall strike a balance showing a deficit, if any, or the balance in the treasury, if any.
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(RSMo 1939 § 12586)
Prior revisions: 1929 § 10996; 1919 § 4688; 1909 § 5751
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 245 - Levee Districts › Section 245.400 - Board may change location of levee.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 245
• Effective - 28 Aug 1939
245.400. Board may change location of levee. —
In case any emergency should arise rendering it necessary, or in case the board of levee directors deem it expedient to change the location of the levee first agreed upon, or at any time to extend the same for a short distance to a location which they believe would furnish a better place of termination thereof, the said board of levee directors shall have power to make such changes or extensions.
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(RSMo 1939 § 12579)
Prior revisions: 1929 § 10989; 1919 § 4681; 1909 § 5744
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 245 - Levee Districts › Section 245.405 - Levees may be used as roadbeds and roadbeds may be used as levees.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 245
• Effective - 28 Aug 1939
245.405. Levees may be used as roadbeds and roadbeds may be used as levees. —
Said board of directors is hereby authorized and empowered to contract upon terms of reasonable compensation with any railroad corporation for the use and occupancy of levees of the district for the roadbed of such railroad corporations; and it shall be lawful for such board of directors to contract with any railroad corporation, for the use of their roadbed for levee purposes, and upon such terms as may be agreed upon by the parties they may contract and agree that such railroad company may construct their embankments to a sufficient height to prevent inundations over such embankments.
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(RSMo 1939 § 12577)
Prior revisions: 1929 § 10987; 1919 § 4679; 1909 § 5742
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 245 - Levee Districts › Section 245.410 - Duty of railroads, when levee passes along embankment.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 245
• Effective - 28 Aug 1939
245.410. Duty of railroads, when levee passes along embankment. —
Whenever the right-of-way shall be obtained as provided in section 245.385 over any right-of-way of any railroad, tramway or embankment, either by voluntary relinquishment of the same or by condemnation proceedings, it shall be the duty of such railway company or other person or corporation owning such embankment, to construct its roadbed or other embankment, as high as the top of such levee, without opening between the points connecting such levee and the railroad track, roadbed or other embankments, and in case any such person or corporation shall fail or refuse to so construct its embankment within six months after the building of such adjacent levee, such person or corporation shall be liable in damages for all injuries of every character sustained by such levee district, or any person by reason of its failure to so construct its embankment.
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(RSMo 1939 § 12571)
Prior revisions: 1929 § 10981; 1919 § 4673; 1909 § 5736
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 245 - Levee Districts › Section 245.415 - Railroads to continue levee.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 245
• Effective - 28 Aug 1939
245.415. Railroads to continue levee. —
Whenever a railroad passes over or along land in this state subject to overflow by any river or creek and such land is protected, or may be hereafter protected, by levees constructed to protect such land from overflows and such levees abut on or connect with the right-of-way of the railroad, it is hereby made the duty of any person, persons or corporations owning or operating railroads to continue and maintain the levee from the point where it approaches and abuts on the railroad right-of-way to the railroad embankment and to make the levee connect therewith. And such continuation of levee shall be on a level with the top of the levee of the landowner as it abuts on the railroad right-of-way.
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(RSMo 1939 § 12572)
Prior revisions: 1929 § 10982; 1919 § 4674; 1909 § 5737
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 245 - Levee Districts › Section 245.420 - Landowner may continue levee to railroad grade and recover costs — notice to be given.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 245
• Effective - 28 Aug 1939
245.420. Landowner may continue levee to railroad grade and recover costs — notice to be given. —
In case any person or corporation owning or operating any such railroad as mentioned in section 245.415 shall fail to continue and connect any such levee constructed by the abutting landowner within ninety days after receiving written notice to do so, and after the landowner's levee has been constructed and completed to the right-of-way of the railroad for a period of twenty days, then the landowner shall have the right to enter upon the right-of-way of such railroad for the purpose of continuing and constructing the said levee over and across the right-of-way to a connection with the railroad track or grade. And such landowner having so continued and constructed such levee across said right-of-way to the railroad track or grade as above provided may recover by suit against the person or company owning or operating the said railroad the full amount of the actual cost of so continuing and constructing the said levee on and across the right-of-way of the railroad, together with interest thereon and costs, which costs shall include attorney fee for plaintiff in the sum of twenty-five dollars.
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(RSMo 1939 § 12573)
Prior revisions: 1929 § 10983; 1919 § 4675; 1909 § 5738
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 245 - Levee Districts › Section 245.430 - Private roadways to have approaches.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 245
• Effective - 28 Aug 1939
245.430. Private roadways to have approaches. —
No private road shall be permitted to cross any levee built under the provisions of sections 245.285 to 245.545, until the persons interested in and benefitted by said road shall build sufficient approaches on each side of said levee to permit the travel and use to which said road is subject without endangering said levee, and at the expense of such interested persons.
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(RSMo 1939 § 12588)
Prior revisions: 1929 § 10998; 1919 § 4690; 1909 § 5753
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 245 - Levee Districts › Section 245.450 - Assessment of overflowed lands.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 245
• Effective - 28 Aug 1939
245.450. Assessment of overflowed lands. —
After the formation of any levee district under the provisions of sections 245.285 to 245.545, the county commission of the county in which such district lies, or when it lies in two or more counties, the county commission of each county in said district, shall cause the county assessor of their respective counties composing said levee district, at the first annual assessment to be made under the general revenue laws of the state, to assess the value of all lands in said levee district subject to overflow or inundation or endangered or liable to be endangered by bank erosion or wash from rivers, and to be benefitted by said work, having reference to the value of said lands without the work contemplated by sections 245.285 to 245.545, and shall assess the value thereof as improved by said work, in an assessment book to be provided for that purpose.
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(RSMo 1939 § 12561)
Prior revisions: 1929 § 10971; 1919 § 4663; 1909 § 5726
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 245 - Levee Districts › Section 245.455 - Lands to be entered on book for that purpose.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 245
• Effective - 28 Aug 1939
245.455. Lands to be entered on book for that purpose. —
Said lands shall be entered upon said book in convenient subdivisions, as surveyed by United States deputy surveyors, with appropriate columns, showing the names of resident owners, and nonresident owners when known, of said lands, and of any person or persons holding recorded liens or encumbrances, if known to the assessor; also, the number of acres cleared and uncleared, as nearly as said assessor can ascertain the same without actual measurement, the value thereof as assessed by him, without the work, and the value thereof as improved by the work; provided, that no error in the description of any of said lands shall invalidate such assessment, if sufficient description is given to ascertain where the lands are situated.
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(RSMo 1939 § 12562)
Prior revisions: 1929 § 10972; 1919 § 4664; 1909 § 5727
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 245 - Levee Districts › Section 245.460 - Levee assessment books returned to whom — meeting of landowners.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 245
• Effective - 12 Jul 1994, see footnote
245.460. Levee assessment books returned to whom — meeting of landowners. —
Said assessment book shall be made out by the assessors of their respective counties in the levee district, and a fair copy thereof shall be returned to the president of the board of directors of the levee district in which the assessments have been made, at the same time assessors are required, under the general revenue laws of the state, to make out and return to the county commission a copy of the assessor's book for state and county taxes, and shall file the original assessment book in the office of the clerk of the county commission of the county in which the assessment is made. Upon the filing of the copy or copies of the assessment book, as required by this section, the board of directors shall call a meeting of the landowners of said levee district at some place convenient to some part of said work or contemplated work, and shall give at least thirty days' notice of the time and place of said meeting and the purpose thereof, by advertisement in some newspaper published in the county composing the levee district, and when lying in two or more counties, then in some newspaper published in each of said counties. At such meeting the board of directors shall submit the reports, specifications, surveys, maps, profiles and estimates made by the engineers, together with the assessments, as returned by the county assessors, to said meeting for action, and requiring the owners of said lands and the holders of any lien thereon to show cause at said meeting why said lands should not be assessed with their proportional part of said work.
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(RSMo 1939 § 12563, A.L. 1994 S.B. 633)
Prior revisions: 1929 § 10973; 1919 § 4665; 1909 § 5728
Effective 7-12-94
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 245 - Levee Districts › Section 245.465 - County board of equalization to have jurisdiction over lands.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 245
• Effective - 28 Aug 1949
245.465. County board of equalization to have jurisdiction over lands. —
The county board of equalization shall have and receive the same jurisdiction over the lands taxed for the purposes in sections 245.285 to 245.545, specified, as conferred by the general laws of the state in the assessment of property for the state and county purposes, and complaints of all persons who think themselves aggrieved by the assessment of their lands shall be made at the same time required by the general revenue laws of the state. All corrections made in the assessment of lands by the county board of equalization shall be certified to the board of directors by the clerk of the county commission where such corrections are made.
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(RSMo 1939 § 12569, A. 1949 S.B. 1085)
Prior revisions: 1929 § 10979; 1919 § 4671; 1909 § 5734
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 245 - Levee Districts › Section 245.470 - Landowners to determine work to be done.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 245
• Effective - 28 Aug 1939
245.470. Landowners to determine work to be done. —
At such meeting the reports and estimates of the engineer and the assessment of the assessors shall be laid before the landowners present estimating the probable cost of said work, and the probable rate percent therefor on the valuation of the said lands as increased by the said work, and a vote shall be taken whether or not the work shall be done; provided, that any landowner in the district to be benefitted by the work may be represented and his vote cast at such meeting by his agent or attorney, and in order to determine whether such work shall be done it shall require a majority of the votes of the landowners of the district present in person or by proxy casting a vote in favor of the work, and at all meetings held under sections 245.285 to 245.545, every landowner may be represented and his vote cast for or against the work by his agent, attorney or proxy.
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(RSMo 1939 § 12564)
Prior revisions: 1929 § 10974; 1919 § 4666; 1909 § 5729
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 245 - Levee Districts › Section 245.475 - Board to order rate percent levee assessment — annual installment payments.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 245
• Effective - 28 Aug 1939
245.475. Board to order rate percent levee assessment — annual installment payments. —
If it shall be decided to do the said work, it shall be competent for the directors to order the rate percent agreed upon for the cost of said work, to be paid in annual installments, in such amounts as may be convenient for the accomplishment of said work; otherwise the whole amount of said assessment of the rate percent shall be payable immediately upon the approval by the landowner of the agreed amount of rate percent, and shall be a lien upon the lands assessed within the district until paid, and shall bear interest at the rate of not to exceed eight percent per annum until paid, and such interest may be collected and enforced as part of the assessment or annual installment; said assessment or annual installment shall be levied and collected in the same manner as provided in section 245.445.
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(RSMo 1939 § 12565)
Prior revisions: 1929 § 10975; 1919 § 4667; 1909 § 5730
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 245 - Levee Districts › Section 245.480 - Additional taxes for enlarging and strengthening levee.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 245
• Effective - 28 Aug 1939
245.480. Additional taxes for enlarging and strengthening levee. —
Whenever the board of directors of any levee district shall ascertain that the levees constructed by said district are insufficient, from any cause, to afford complete protection from overflows, to the lands in said district, they may by resolution entered upon the record of said levee board call a meeting of the landowners of said levee district to be held at some convenient place on the line of said levee, for the purpose of determining whether said levee shall be enlarged and strengthened; and they shall give the same notice as required in the case of calling a landowners' meeting in the organization of a new district, as provided by section 245.460, and at such meeting they shall lay before the landowners present an estimate of the cost of the proposed work of enlarging and strengthening said levee, made by an engineer, and a vote shall be taken at such meeting, by the landowners present, voting either by themselves or by proxy, whether an additional tax shall be levied and an additional percent of the assessed benefits expended for such purpose, and if a majority of the votes cast are in favor of such additional work the board shall proceed to construct the same and the additional taxes may be levied and apportionment of benefits made as herein provided.
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(RSMo 1939 § 12603)
Prior revisions: 1929 § 11013; 1919 § 4705
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 245 - Levee Districts › Section 245.485 - Additional tax may be ordered when costs exceed estimates.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 245
• Effective - 28 Aug 1939
245.485. Additional tax may be ordered when costs exceed estimates. —
If it is found, by the county commission, after examining the expenditures of the levee district, that the cost of constructing the work will exceed the estimates made by the engineer, the commission may call a meeting of the landowners, upon giving the notice as before required in the case of organizing a new district; there shall be laid before them an estimate of the cost of the completion of the work, made by an engineer, and a vote shall be taken, at such meeting, by the landowners present, voting either by themselves or by proxy, whether an additional tax shall be levied for the purpose of completing the work, and if a majority of the votes cast are in favor of completing such work, the board shall proceed to complete the same and the additional taxes that may be levied and collected as herein provided.
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(RSMo 1939 § 12596)
Prior revisions: 1929 § 11006; 1919 § 4698; 1909 § 5761
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 245 - Levee Districts › Section 245.490 - Board may borrow money.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 245
• Effective - 28 Aug 1939
245.490. Board may borrow money. —
The directors may borrow money, not exceeding in amount the assessments or annual installments unpaid at the time of borrowing, for the construction of any work which they may be authorized to construct, or for the payment of any indebtedness that they may have lawfully incurred under the provisions of sections 245.285 to 245.545, and may secure the same by notes or bonds bearing interest at not exceeding eight percent per annum, and not running longer than one year beyond the date of the payment of the assessment, or the last annual installment thereof, on account of which the money is borrowed; which notes or bonds shall not be held to make the directors personally liable for the money borrowed, but shall constitute a lien upon the assessments, or annual installments thereof, for the repayment of the principal and interest of said notes and bonds.
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(RSMo 1939 § 12567)
Prior revisions: 1929 § 10977; 1919 § 4669; 1909 § 5732
CROSS REFERENCES:
Bond issues, proceeds of and moneys for interest and sinking funds to be kept separate, 108.180 to 108.230
Refunding bonds authorized, payment of, 108.140 to 108.160
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 245 - Levee Districts › Section 245.495 - Board may issue warrants.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 245
• Effective - 28 Aug 1939
245.495. Board may issue warrants. —
The board of directors may, at its option, in lieu of bonds, issue warrants on the county treasurer, payable out of the fund of the levee district, in payment of any indebtedness incurred, including the entire expenses of constructing the levee, repairing or extending the same.
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(RSMo 1939 § 12556)
Prior revisions: 1929 § 10966; 1919 § 4658; 1909 § 5721
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 245 - Levee Districts › Section 245.500 - Form of warrants.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 245
• Effective - 28 Aug 1939
245.500. Form of warrants. —
The warrant thus drawn shall be in the following form, and shall be signed by the president of the board of directors and countersigned by the secretary:
Office of levee district No. ______
$______
No. ______
To the treasurer of ______ County, Missouri:
Pay out of any money in the treasury belonging to said levee district, to ______, the sum of ______ dollars, with interest thereon at the rate of eight percent per annum from date of presentation to you for payment, until sufficient funds of said district are in the treasury to pay the same.
Done by order of the board of directors, this ______ day of ______, 20______.
______, secretary. ______, president.
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(RSMo 1939 § 12566)
Prior revisions: 1929 § 10976; 1919 § 4668; 1909 § 5731