reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 244 - Private Drainage Rights › Section 244.130 - Penalty for obstructing ditch — inspection of lands without owner's consent.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 244
Effective - 28 Aug 1939
244.130. Penalty for obstructing ditch — inspection of lands without owner's consent. —
1. Any person or persons, copartnership or corporation willfully filling up or obstructing or impairing the usefulness of any ditch, tile or levee constructed under the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction therefor shall be fined in a sum not less than fifty dollars nor more than two hundred dollars for each and every offense, or such person or persons, or the agent or agents of the copartnership or corporation responsible for such damage or injury having been wrought, may be confined in the county jail not less than thirty days nor more than six months.
2. The owner or owners of the land desired to be drained shall have the right to go upon or send an engineer or surveyor upon the land through or upon which the ditch, tile or levee is to be built, without first obtaining consent from the owner or owners of such land, for the purpose of making measurements, running levels and obtaining other information to be used in forming conclusions pertaining to the slope of the land, length of the improvements and proper location of the same; provided, that notice of the purpose and intention of such act be first given in writing to the owner of the land through or across which the works are to be constructed.
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(RSMo 1939 § 12467)
Prior revisions: 1929 § 10877; 1919 § 4572; 1909 § 5670
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 245 - Levee Districts › Section 245.010 - Definitions.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 245
• Effective - 02 Jan 1979, see footnote
245.010. Definitions. —
1. The term
"levee districts"
as used in sections 245.010 to 245.280, and all other terms or provisions of law contained in sections 245.010 to 245.280, which have heretofore been interpreted, as apply to said levee districts, shall be construed to include, authorize, provide for and be made applicable to all districts now organized or which may hereafter be organized for the purpose of establishing, constructing or causing to be constructed, levees, dikes, bank protections, current control or other protection or reclamation improvements contiguous or adjacent to or situate near any body of swamp, wet or overflowed land, or other property in the nature of individual or corporate franchises in this state, or land subject to overflow or inundation in or adjacent to any river or stream wholly within or bordering on the state of Missouri, property or land abutting, or situate near, which may be endangered or liable to be endangered through wash or bank erosion; provided, that whenever the proposed district is intended to include or does include lots, tracts, parcels or other subdivisions of land included in any third or fourth class city, town or village of this state, or in any city in this state under fifty thousand population operating under a special charter, the words
"acre"
,
"acreage"
or
"subdivision of land"
as now used in sections 245.010 to 245.280, shall be held and construed to include and be used interchangeably with the words "area", "lot", "tract" or "parcel of land", so that a lot or other subdivision of land within such cities shall correspond to the word "acre" as used in sections 245.010 to 245.280, when the levee district is organized in a rural area.
2. The word
"owner"
as used in sections 245.010 to 245.280 shall mean the owner of the freehold estate, as appears by the deed record, and it shall not include reversioners, remaindermen, trustees, or mortgagees, who shall not be counted and need not be notified by publication, or served by process, but shall be represented by the present owners of the freehold estate in any proceeding under sections 245.010 to 245.280.
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(RSMo 1939 §§ 12493, 12531, A.L. 1974 V. II p. 226, A.L. 1965 p. 381, A.L. 1978 H.B. 1634)
Prior revisions: 1929 §§ 10903, 10941; 1919 § 4635
Effective 1-2-79
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 245 - Levee Districts › Section 245.025 - Objections to incorporation heard — court decree filed with secretary of state and county recorder.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 245
• Effective - 12 Jul 1994, see footnote
245.025. Objections to incorporation heard — court decree filed with secretary of state and county recorder. —
Any owner of real estate or other property as herein described in said proposed district, who may not have signed said articles of association objecting to the organization and incorporation of said levee district, may, within fourteen days after the date of publication pursuant to section 245.020, file his objection or objections why such levee district should not be organized and incorporated. Such objection or objections shall be limited to a denial of the statements in the articles of association, and shall be heard by the court in a summary manner, taking precedence over all matters except older matters of the same character, and in case all such objections are overruled, the circuit court shall, by its order duly entered of record, duly declare and decree said levee district a public corporation of this state, for a term not exceeding the time mentioned in said articles of association signed and filed. If the court finds that the land set out in said articles of association should not be incorporated into a levee district, it shall dismiss said proceedings and adjudge the costs against the signers of said articles of association in proportion to the acreage represented by each. Any person having signed the articles of association shall have no right to have said proceedings dismissed as to him without the written consent of the majority in acreage of the owners who signed said articles. The articles of association and petition may be amended as any other pleading. Within ten days after the said district has been declared a corporation by the court, the clerk thereof shall transmit to the secretary of state a certified copy of the findings and decree of the court incorporating said district, and the same shall be immediately filed in the office of the secretary of state in the same manner as articles of incorporation are now required to be filed under the general law concerning corporations. The secretary of state shall immediately send a certified copy to the U. S. Corp of Engineers District office where the levee district is located. A copy of said findings and decree, together with a plat of the district, shall also be filed in the office of the county recorder in each of the counties having land in said district, where the same shall become a permanent record, and each such recorder shall receive a fee of one dollar for filing and preserving the same.
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(RSMo 1939 § 12495, A.L. 1994 S.B. 633)
Prior revisions: 1929 § 10905; 1919 § 4599
Effective 7-12-94
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 245 - Levee Districts › Section 245.035 - Time of corporate existence may be extended.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 245
• Effective - 28 Aug 1939
245.035. Time of corporate existence may be extended. —
Whenever the board of supervisors of any district organized under sections 245.010 to 245.280 or any previous enactment of the general assembly of the state of Missouri providing for the organization of levee districts by the circuit courts, finds that the time for which such districts has been incorporated should be extended in order to raise funds to complete "the plan for reclamation", pay for works already completed, pay bonds outstanding and interest thereon, or interest on the same, restore any works or construct new works, such board shall call a meeting of landowners of the district in the same manner as is provided for in section 245.060; the notice shall state the time, place and purpose of such meeting, and that if the majority of acres and mileage as herein provided represented at said meeting be cast in favor of such extension of the district's corporate existence a petition will be presented to the court organizing the district, asking for such extension of time. Such meeting shall be conducted in the same manner as is provided in section 245.060 for the election of supervisors, except that one member of the board of supervisors shall act as chairman of such meeting and the secretary of the board or his deputy shall act as clerk; and if a majority of the acreage represented at such meeting shall vote in favor of such extension the board of supervisors shall within forty-five days before the next term of the circuit court file a petition with the clerk of said court praying for the extension of the corporate existence of the district, and after the filing of such petition the same proceedings shall be had as is provided for in sections 245.020 and 245.025 relating to articles of association and incorporation of the district. If such petition be granted by the court, within twenty days thereafter the circuit clerk shall transmit a copy of the decree to the secretary of the board of supervisors, who shall transmit a copy of the same to the secretary of state and to the recorder of deeds of each county having land or other property in the district, who shall file and preserve the same in his office, and for such service he shall receive a fee of one dollar. In case the court shall find that such extensions should not be allowed, said petition shall be dismissed and the cost incurred in the case be paid by the district.
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(RSMo 1939 § 12537)
Prior revisions: 1929 § 10947; 1919 § 4641
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 245 - Levee Districts › Section 245.040 - Districts may reorganize.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 245
• Effective - 28 Aug 1939
245.040. Districts may reorganize. —
Any levee district of Missouri heretofore organized, in process of organization or that may hereafter be organized under the provisions of any previous or existing laws of this state, either general or special, other than sections 245.010 to 245.280, may elect in the manner herein provided to become and be reorganized under the provisions of sections 245.010 to 245.280.
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(RSMo 1939 § 12540)
Prior revisions: 1929 § 10950; 1919 § 4644
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 245 - Levee Districts › Section 245.045 - Districts reorganized to receive all benefits — reorganization articles of association to be filed with circuit court.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 245
• Effective - 28 Aug 1939
245.045. Districts reorganized to receive all benefits — reorganization articles of association to be filed with circuit court. —
Any levee district heretofore organized and any district that is now in process of organization or any levee district that may hereafter be organized under any previous or existing law of this state, either general or special, may organize under the provisions of sections 245.010 to 245.280, and after so organized shall be entitled to the benefits of all of the provisions of sections 245.010 to 245.280. The owners of a majority of acreage of any existing levee district may make and sign articles of association in which shall be stated: The name of the district which shall be the same as the name it bears when such articles of association are made, and the number of years such district is to continue, which shall in no event be for fewer years than the life of any of its existing obligations. Such articles shall also state that the boundaries of the district will be the same as the boundaries of the present organization and that the description of the land and other property and the owners thereof are such as are described in the present record of the district as now organized and said articles of association shall contain a petition, praying that the lands of said levee district be declared a levee district under the provisions of sections 245.010 to 245.280. After such articles of association have been so signed, the same shall be filed in the office of the clerk of the circuit court of the county in which such lands are situate, or if such lands be situate in two or more counties, then in the office of the clerk of the circuit court of the county in which there are situate more of said lands than in any other county.
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(RSMo 1939 § 12541)
Prior revisions: 1929 § 10951; 1919 § 4645
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 245 - Levee Districts › Section 245.050 - Notice of reorganization hearing.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 245
• Effective - 02 Jan 1979, see footnote
245.050. Notice of reorganization hearing. —
Immediately after such articles of association have been filed, the circuit clerk in whose office the same have been filed shall give notice in the manner and for the time specified in section 245.020, said notice to be in substantially the following form which shall be deemed sufficient for all the purposes of sections 245.010 to 245.280:
NOTICE FOR HEARING OF PETITION FOR
REORGANIZATION OF ______ LEVEE DISTRICT
Notice is hereby given to owners of land and other property in "______ levee district" of Missouri that articles of association have been filed in this office, asking that said levee district be reorganized under the provisions of sections 245.010 to 245.280, and that you, and each of you, are notified to appear before the court on the ______ day of ______, 20______, at ______ in ______ County, and show cause, if any there be, why said levee district as set forth in said articles of association should not be reorganized as a public corporation under this law.
__________________ ,
Clerk of the circuit court of ______ County.
­­The circuit court of the county in which said articles of association have been filed shall thereafter maintain and have original and exclusive jurisdiction coextensive with the boundaries and limits of said district without regard to county lines, for all purposes of sections 245.010 to 245.280; provided, that where lands in different counties are sought to be incorporated in the same district, it shall not be necessary to include all of the lands in said proposed district in the notice published in the different counties, but only such lands and other property in the district as are situate in the respective counties.
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(RSMo 1939 § 12542, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 10952; 1919 § 4646
Effective 1-2-79
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 245 - Levee Districts › Section 245.055 - Procedure.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 245
• Effective - 28 Aug 1939
245.055. Procedure. —
After said notice has been so given the matter shall be proceeded with in the same manner as is provided for where articles of association for the formation of a levee district have been filed.
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(RSMo 1939 § 12543)
Prior revisions: 1929 § 10953; 1919 § 4647
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 245 - Levee Districts › Section 245.060 - Election of board of supervisors — term of office.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 245
• Effective - 28 Aug 2004
245.060. Election of board of supervisors — term of office. —
Within thirty days after any levee district shall have been organized and incorporated under the provisions of section 245.025 the circuit clerk of the court organizing such district shall, upon giving notice by causing publication to be made once a week for two consecutive weeks in some newspaper published in each county in which lands of the district are located, the last insertion to be at least ten days before the day of such meeting, call a meeting of the owners of real estate or other property located in such district, including the authorized representative of any corporation which owns real estate or other property located in such district, at a day and hour specified in some public place in the county in which the district was organized, for the purpose of electing a board of five supervisors, to be composed of owners of real estate in the district, which may include the authorized representative of any corporation which owns real estate or other property in the district, two of whom at least shall be residents of the county or counties in which the district is located, or some adjoining counties; the landowners, when assembled, shall organize by the election of a chairman and secretary of the meeting, who shall conduct the election; at such election each and every acre of land and each and every mile of right-of-way of every corporation owning a franchise in the district shall represent one share, and each owner shall be entitled to one vote in person or by proxy for every acre of land or mile of right-of-way owned by him or her in such district, and the five persons receiving the highest number of votes shall be declared elected as supervisors; and the supervisors shall immediately by lot determine the terms of their office, which shall be respectively one, two, three, four and five years, and they shall serve until their successors shall have been elected and qualified; provided, that if the levee district be located wholly within a third or fourth class city of this state, or within any city in this state under fifty thousand population operating under a special charter then the owner of each lot, tract, parcel or subdivision thereof, as set forth in the final decree of the court creating and incorporating such levee district, shall be entitled to one vote, in person or by proxy, for each lot, tract, parcel or subdivision thereof, owned by him or her.
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(RSMo 1939 § 12496, A.L. 1947 V. II p. 226, A.L. 1999 H.B. 450, A.L. 2004 H.B. 795, et al. merged with H.B. 1207)
Prior revisions: 1929 § 10906; 1919 § 4600; 1909 § 5705
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 245 - Levee Districts › Section 245.065 - Improper election of board of supervisors — court to declare vacancies — new election called.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 245
• Effective - 28 Aug 1939
245.065. Improper election of board of supervisors — court to declare vacancies — new election called. —
If it is made to appear to the judge of the circuit court organizing the district, either in term time or vacation, by an application in writing made by any person or persons interested, that any meeting of landowners for the election of the board of supervisors or any member thereof, held under section 245.060, was improperly called or that the notice thereof improperly or insufficiently stated the time and place of such meeting, or that such notice was not published for the proper time or in the proper manner or was for any other reason insufficient, the circuit judge shall order the clerk of the court in which the district was organized to notify by summons the supervisor or supervisors to be affected thereby, setting forth a copy of the application filed and requiring such member or members to appear before the court at a time and place therein specified, which time shall be not less than five days from the receipt of said notice, and show cause why, if any there be, said office or offices shall not be declared vacant. If it appear to the court at the hearing of the objection or complaint that the said notice of landowners' meeting and election was for any reason insufficient, the court shall declare said office or offices vacant and he shall direct the clerk of the court organizing the district to call a meeting of the property owners for the purpose of electing other supervisors to fill the vacancy or vacancies, and thereupon it shall be the duty of the said clerk to call and give notice of such new meeting, in the manner and for the time specified in section 245.060. The meeting of the property owners and the election of the supervisor or supervisors shall be conducted, in all particulars, as prescribed in section 245.060, and the supervisor or supervisors thus elected shall supersede the member or members previously elected, and upon qualifying as provided in sections 245.070 and 245.075, such supervisors shall thereupon become the true corporate authorities of the district for the unexpired term or terms of the de facto supervisor or supervisors whose offices have been vacated as herein provided; provided, that where such vacancy shall occur because of the insufficiency of notice of the annual landowners' meeting held under the provisions of section 245.070, the remaining qualified supervisors shall fill such vacancy by appointment, such appointed supervisor to hold office only until the next regular annual landowners' meeting, at which time a new supervisor shall be elected to fill out the remaining unexpired term.
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(RSMo 1939 § 12497)
Prior revisions: 1929 § 10907; 1919 § 4601
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 245 - Levee Districts › Section 245.070 - Board of supervisors to call annual meeting and election — owners of land benefitted entitled to vote.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 245
• Effective - 28 Aug 1939
245.070. Board of supervisors to call annual meeting and election — owners of land benefitted entitled to vote. —
In the same month of each year after the election of the first board of supervisors, the board of supervisors shall call a meeting of the owners of land and other property herein described in the district, in the same manner as is provided for in section 245.060, and such owners shall meet at the time and place fixed by the board of supervisors and elect one supervisor therefor in like manner as prescribed in section 245.060, who shall hold his office for five years or until his successor is elected and qualified; and in case of a vacancy in any office of supervisors the remaining supervisors may fill such vacancy until the next annual meeting, when a successor shall be elected for the unexpired term; provided, that after the report of the commissioner has been confirmed by the court under the provisions of section 245.130 only the land and other such property having benefits assessed against it shall be entitled to vote at the annual meetings held under the provisions of this section.
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(RSMo 1939 § 12499)
Prior revisions: 1929 § 10909; 1919 § 4603
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 245 - Levee Districts › Section 245.075 - Supervisors to take oath.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 245
• Effective - 28 Aug 1939
245.075. Supervisors to take oath. —
Each supervisor before entering upon his official duties shall take and subscribe to an oath before some officer authorized by law to administer oaths, that he will honestly, faithfully and impartially perform the duties devolving upon him in office as supervisor of the levee district in which he was elected, and that he will not neglect any of the duties imposed upon him by sections 245.010 to 245.280.
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(RSMo 1939 § 12500)
Prior revisions: 1929 § 10910; 1919 § 4604
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 245 - Levee Districts › Section 245.080 - Organization of board — to make annual report — compensation.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 245
• Effective - 28 Aug 1981
245.080. Organization of board — to make annual report — compensation. —
1. The board of supervisors immediately after their election shall choose one of their number president of the board, and elect some suitable person secretary, who shall serve until his successor is elected, accepts the office and qualifies, and who may or may not be a member of the board. Such board shall adopt a seal with a suitable device and shall keep a record of all its proceedings, which shall be open to the inspection of all owners of real estate and other property herein described of the district, as well as to all other interested parties. The board shall report to the landowners at the annual meeting held under the provisions of section 245.070 what work has been done either by the engineers or otherwise. The members of the board shall receive, for attending to business for and on behalf of said district, actual transportation expenses, which shall be audited by the board before payment.
2. At the annual meeting called by the board of supervisors under the provisions of section 245.070, the owners shall set the compensation to be received by the members of the board for their services while actually engaged in work for the district; provided, however, that if the secretary be a member of the board he shall be compensated as provided for in section 245.090.
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(RSMo 1939 § 12501, A.L. 1981 H.B. 251)
Prior revisions: 1929 § 10911; 1919 § 4605
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 245 - Levee Districts › Section 245.085 - County clerk and treasurer to deliver records and moneys of district to secretary of board.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 245
• Effective - 28 Aug 1939
245.085. County clerk and treasurer to deliver records and moneys of district to secretary of board. —
Immediately after the election of the board of supervisors as provided for in section 245.055, and the election of a president and a secretary, and the secretary has filed the necessary bond and it has been approved, he shall call upon the county clerk or other person who may be in charge of the records of the district for all records, contracts, files, books, plats, maps and every article of record belonging to said district, and the county clerk or other person in charge of such records shall immediately deliver to said secretary of the district all such records and take the receipt of the secretary therefor. Said secretary shall also call upon the county treasurer or other person who has control of the funds of the district, for the transfer of all funds of the district to him and said treasurer or other person shall immediately transfer such funds, taking the receipt of the secretary for such funds.
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(RSMo 1939 § 12544)
Prior revisions: 1929 § 10954; 1919 § 4648
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 245 - Levee Districts › Section 245.095 - Powers and duties of supervisors.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 245
• Effective - 28 Aug 2004
245.095. Powers and duties of supervisors. —
1. In order to effect the leveeing, protection and reclamation of the land and other property in the district subject to tax, the board of supervisors is authorized and empowered to straighten, widen, change the course and line of any levee in or out of such district; to fill up any creek, drain, channel, river, watercourse or natural stream; and to divert or divide the flow of water in or out of the district; to construct and maintain sewers, levees, dikes, dams, sluices, revetments, drainage ditches, pumping stations, syphons and any other works and improvements deemed necessary to preserve and maintain the works in or out of the district; to construct roadways over levees and embankments; to construct any and all of such works and improvements across, through or over any public highway, railroad right-of-way, track, grade, fill or cut in or out of the district; to remove any fence, building or other improvements in or out of the district, and shall have the right to hold, control and acquire by donation or purchase, and if need be, condemn any land, easement, railroad or other right-of-way, sluice or franchise in or out of the district for right-of-way, or for any of the purposes herein provided, or for material to be used in constructing and maintaining such works and improvements for leveeing, protecting and reclaiming the lands in the district. The board shall also have the right to condemn for the use of the district any land or property within or without the district not acquired or condemned by the court on the report of the commissioners assessing benefits and damages and shall follow the procedure that is now provided by law for the appropriation of land or other property taken for telegraph, telephone and railroad rights-of-way.
2. In addition to the powers granted in subsection 1 of this section, in any levee district formed under the laws of this state having an assessed valuation of real property of twenty-five million dollars or greater and located, in whole or in part, in any county with a charter form of government and with more than one million inhabitants, the board of supervisors is authorized to construct and maintain water lines and any other works and improvements deemed necessary to preserve and maintain the works in or out of the district.
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(RSMo 1939 § 12519, A.L. 2004 H.B. 795, et al. merged with H.B. 1207)
Prior revisions: 1929 § 10929; 1919 § 4623; 1909 § 5513
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 245 - Levee Districts › Section 245.100 - Chief engineer appointed — duties.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 245
• Effective - 28 Aug 1947
245.100. Chief engineer appointed — duties. —
Within sixty days after organizing, the board of supervisors shall appoint a competent civil engineer as chief engineer, who may be an individual, copartnership or corporation, and who shall engage such assistants as the board of supervisors may approve. The chief engineer shall have control of the engineering work in said district. The chief engineer may, by and with the consent of the board of supervisors, consult any eminent engineer or engineers and obtain his or their opinion and advice concerning the reclamation or protection of land in said district. The said engineer or engineers shall make all necessary surveys of the lands within the boundary lines of said district as described by the articles of association, and of all lands adjacent thereto that may or will be improved or reclaimed in part or in whole by any system of levees or bank protection that may be outlined and adopted, and said engineer or engineers shall make a report in writing to the board of supervisors with maps and profiles of said surveys, which report shall contain a plan for leveeing, draining, reclaiming or protecting the lands and property described in the articles of association or adjacent thereto from overflow of or damage by water; provided, that the chief engineer may in his discretion, accept, approve and adopt or amend any plan for leveeing, draining, reclaiming or protecting the lands and property described in the decree of the court incorporating said district, which may have been designed by either a state or federal department, division or agency, which has for its purpose the protection and reclamation of the land and property within the district.
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(RSMo 1939 § 12502, A.L. 1947 V. II p. 226)
Prior revisions: 1929 § 10912; 1919 § 4606
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 245 - Levee Districts › Section 245.105 - Chief engineer to make report — supervisors to adopt plans and supplemental plans for reclamation.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 245
• Effective - 28 Aug 2008
245.105. Chief engineer to make report — supervisors to adopt plans and supplemental plans for reclamation. —
The chief engineer shall make a report in writing to the board of supervisors when said board shall so require it. Upon receipt of the final report of said engineer concerning surveys made of the lands and other property contained in the district organized, and plans for reclaiming or protecting the same the board of supervisors shall adopt such report or any modification thereof approved by the chief engineer after consulting with the chief engineer or someone representing the chief engineer, and thereafter such adopted report shall be the plan for leveeing, protecting or reclaiming such lands and other property from overflow or damage by water, and it shall after such adoption be known and designated as
"the plan for reclamation"
which term shall include leveeing, diking, bank protection, current control or other improvement, which plan shall be filed with the secretary of the board of supervisors and copied by the secretary into the records of the district. Supplemental plans for leveeing, protecting or reclaiming some or all of the lands and other property in the district from overflow or damage by water may be adopted by the board of supervisors from time to time as deemed necessary by the board of supervisors. The aforesaid supplemental plans may supplement, alter or modify the plan for reclamation and shall become a part thereof.
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(RSMo 1939 § 12503, A.L. 1977 S.B. 3, A.L. 2008 S.B. 939)
Prior revisions: 1929 § 10913; 1919 § 4607
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 245 - Levee Districts › Section 245.110 - Secretary of board to file copy of plan with circuit clerk — commissioners appointed.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 245
• Effective - 28 Aug 1990
245.110. Secretary of board to file copy of plan with circuit clerk — commissioners appointed. —
Within twenty days after the adoption of the plan for reclamation the secretary of the board of supervisors shall prepare and transmit a certified copy thereof to the circuit clerk of the court organizing the levee district, and at the same time the board of supervisors shall file with the circuit clerk a petition asking the judge of such court to appoint commissioners to appraise the lands within and without the district to be acquired for rights-of-way, holding basins and other works of the district, and to assess benefits and damages accruing to all lands in the district and other property by reason of the execution of the plan for reclamation. Within thirty days after the filing of such petition the judge of such court, either in term time or vacation, shall, by an order, appoint three commissioners, who shall be residents of the state of Missouri, and who shall not be landowners in the district nor of kin within the fourth degree of consanguinity to any person owning land in the district. A majority of the commissioners shall constitute a quorum and shall control the action of the board on all questions.
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(RSMo 1939 § 12505, A.L. 1990 H.B. 1070)
Prior revisions: 1929 § 10915; 1919 § 4609
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 245 - Levee Districts › Section 245.115 - Organization of board of commissioners.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 245
• Effective - 28 Aug 1939
245.115. Organization of board of commissioners. —
Said circuit clerk upon the filing of said order of appointment shall notify each of said commissioners of his appointment by written or printed notice, and in the same notice he shall state the time and place for the first meeting of said commissioners. The secretary of the board of supervisors or his deputy shall attend such meeting, and shall furnish to said commissioners a complete list of lands, all corporate and other property described in the articles of association or adjacent thereto that will be affected by carrying out and putting into force the plan for reclamation, and the names of the owners of such property, as were contained in the articles of association, at the date of the final decree of the court incorporating the district. Said secretary shall also furnish said commissioners a copy of the plan for reclamation, with maps and profiles in his office. The commissioners at said meeting, or within ten days thereafter, shall each take and subscribe to an oath that they will faithfully and impartially discharge their duties as such commissioners and make a true report of the work done by them. The said commissioners shall also at said meeting elect one of their own number chairman, and the secretary of the board of supervisors, or his deputy, shall be ex officio secretary of said board of commissioners during their continuance in office.
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(RSMo 1939 § 12506)
Prior revisions: 1929 § 10916; 1919 § 4610
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 245 - Levee Districts › Section 245.125 - Property owners notified of commissioners' report by publication — form of notice — mailing required.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 245
• Effective - 12 Jul 1994, see footnote
245.125. Property owners notified of commissioners' report by publication — form of notice — mailing required. —
Upon the filing of the report of the commissioners, the clerk of said circuit court shall give notice thereof by causing publication to be made once in some newspaper published in each county in the district. It shall not be necessary for said clerk to name the parties interested, but it shall be sufficient to say:
NOTICE FOR FILING OF COMMISSIONERS' REPORT
For ______ Levee District.
Notice is hereby given to all persons interested in the following described land and property in ______ County (or counties), Missouri (here describe land and property), included within "______ levee district" that the commissioners heretofore appointed to assess benefits and damages to the property and lands situated in said levee district and to appraise the cash value of the land necessary to be taken for rights-of-way, and other works of said district within or without the limits of said district, filed their report in this office on the ______ day of ______, 20______, and you, and each of you, are hereby notified that you may examine said report and file exceptions to all or any part thereof, as provided by law.
__________________ ,
Clerk of the circuit court of ______ County, Missouri.
­­Provided, that where lands in different counties are contained in said report, the said notice shall be published in some newspaper in each county in which such lands so affected are situate, and it shall not be necessary to publish a list of all of said lands in each county, but only that part of same situate in the respective counties. The commissioners shall mail, by certified mail, a copy of the notice contained in this section to the parties contained in subsection 2 of section 245.020 within one week of filing the report.
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(RSMo 1939 § 12508, A.L. 1994 S.B. 633)
Prior revisions: 1929 § 10918; 1919 § 4612
Effective 7-12-94
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 245 - Levee Districts › Section 245.130 - Exceptions to commissioners' report heard and determined.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 245
• Effective - 28 Aug 1939
245.130. Exceptions to commissioners' report heard and determined. —
1. The levee district or any owner of land or other property in said district, may file exceptions to said report or to any assessment for either benefits or damages, within ten days after the last day of publication of the notice provided for in section 245.125.
2. All exceptions shall be heard by the court and determined in a summary manner so as to carry out liberally the purposes and needs of the district, and if it appears to the satisfaction of the court, after having heard and determined all of said exceptions, that the estimated cost of constructing the improvement contemplated in the plan for reclamation is less than the benefits assessed against the land and other property in said district, then the court shall approve and confirm said commissioners' report as so modified and amended. The court shall adjudge and apportion the costs incurred by the exceptions filed and shall condemn any land or other property, within or without the boundary lines of the district, that is shown by the report of the commissioners to be needed for rights-of-way, holding basins and other works, or that may be needed for material to be used in constructing said works, following, as nearly as possible the procedure that is now provided for by law for the appropriation of land and other property taken for telegraph, telephone and railroad rights-of-way.
3. The clerk of said circuit court shall transmit a certified copy of the court decree and copy of the commissioners' report, as confirmed or amended by the court, to the secretary of the board of supervisors of the district, who shall make and transmit a certified copy of the said decree and that part of the said report affecting land in each county to the recorder of each county having lands in the district, or affected by the said report, where the same shall become a permanent record and each such recorder shall receive a fee of one dollar for receiving, filing and preserving the same.
4. Any person may appeal from the judgment of the court, and upon such appeal there may be determined either or both of the following questions:
(1) Whether just compensation has been allowed for property appropriated; and
(2) Whether proper damages have been allowed for property prejudicially affected by the improvements.
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(RSMo 1939 § 12509)
Prior revisions: 1929 § 10919; 1919 § 4613
(2003) Section provides only two instances in which an appeal is authorized; question of whether commissioners' assessment of benefits is proper is not reviewable. Riverside-Quindaro Bend Levee District v. Intercontinental Engineering Manufacturing Corporation, 121 S.W.3d 531 (Mo.banc).
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 245 - Levee Districts › Section 245.135 - Court to declare corporation dissolved if costs exceed benefits.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 245
• Effective - 28 Aug 1939
245.135. Court to declare corporation dissolved if costs exceed benefits. —
If, after determining the objections made to the commissioners' report, the court shall find that the estimated costs of works and improvements as reported by the board of commissioners, or as amended by the court, exceed the estimated benefits, the court shall then render its decree, declaring the incorporation of the district to be dissolved as soon as all costs incurred, including all obligations and debts made in behalf of the district by the board of supervisors and court costs shall have been paid, and if the uniform tax levied under the provisions of section 245.175 be found insufficient to pay all such costs the board of supervisors shall make such additional uniform tax levies as will be necessary to pay such deficiency; provided, that in estimating the cost of constructing the works and improvements of the district the amount of interest that might accrue upon bonds that may be issued by the board of supervisors under the provisions of sections 245.010 to 245.280 shall not be considered as a part of the cost of construction.
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(RSMo 1939 § 12529)
Prior revisions: 1929 § 10939; 1919 § 4633
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 245 - Levee Districts › Section 245.145 - Damages assessed must be paid before appropriating land.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 245
• Effective - 28 Aug 1939
245.145. Damages assessed must be paid before appropriating land. —
The board of supervisors of levee districts organized under sections 245.010 to 245.280 shall not have the right to enter upon or appropriate any land for rights-of-way, or other works of the districts, until the price awarded to the owners of such land by the commissioners shall have been paid to such owners or into the hands of the circuit clerks of the courts organizing such districts for the use of such owners; and if the sums awarded be not so paid within five years from the date of filing the commissioners' reports, all proceedings as to the taking of such property for rights-of-way and other works not so paid for shall abate at the cost of said district. Whenever any land is acquired by any district under the provisions of sections 245.010 to 245.280 and the price of such property has been paid the owner by the district, the title, use, possession and enjoyment of such property shall pass from the owner and be vested in the district, and subject to its use, profit, employment and final disposition. The price awarded for all land acquired by any district for rights-of-way, or other works and the amount of damages assessed by the board of commissioners and confirmed by the court to any tract or parcel of land or other property in the district shall be paid in cash to the owner thereof or to the clerk of the court for the use of such owner, and that portion of any tract or parcel of land or other property not taken for the use of the district shall be assessed for the benefits accruing in accordance with the provisions of sections 245.010 to 245.280.
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(RSMo 1939 § 12522)
Prior revisions: 1929 § 10932; 1919 § 4626