reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 243 - Drainage Districts Organized in County Commission › Section 243.450 - All or portions of districts may reorganize and consolidate under sections 242.010 to 242.690.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 243
• Effective - 28 Aug 1986
243.450. All or portions of districts may reorganize and consolidate under sections 242.010 to 242.690. —
1. Two or more districts organized under the provisions of this chapter may come within, and operate under sections 242.010 to 242.690, and portions of two or more districts organized under the provisions of this chapter may come together and operate under sections 242.010 to 242.690 whenever the owners of one-fourth of the acres of land in the proposed consolidated district sign and present a petition to the circuit court of the county in which there lies the greatest acreage of land in the proposed consolidated district, stating therein:
(1) The numbers or corporate name or names of such district or districts to be included in whole or in part;
(2) The boundaries of each district or portion of district separately;
(3) The boundary lines of the proposed consolidated district;
(4) The approximate number of acres of land in each district or portion of district;
(5) The approximate number of acres of land in the proposed consolidated district;
(6) The approximate amount of the benefits reported and apportioned by the viewers and confirmed by the county commission in each district or portion of district;
(7) The aggregate amount of such benefits as ascertained, apportioned and confirmed;
(8) The amount of bonds issued, by each district, giving the amount, dates, numbers, denominations, maturities, rate of interest, and where payable;
(9) The aggregate amount thereof; and
(10) The number of years it is to continue.
2. In such petition it shall be asked that the court adjudge such districts or portions of districts to be a body corporate, for a number of years not exceeding the time named in the petition, and under the name of "Consolidated Drainage District No. ______ of ______ County, Missouri".
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(RSMo 1939 § 12446, A.L. 1963 p. 394, A.L. 1986 S.B. 488)
Prior revisions: 1929 § 10856; 1919 § 4523
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 243 - Drainage Districts Organized in County Commission › Section 243.460 - Notice to be published — form — jurisdiction of circuit court.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 243
• Effective - 02 Jan 1979, see footnote
243.460. Notice to be published — form — jurisdiction of circuit court. —
1. When such petition shall have been filed in the office of the clerk of the circuit court of the county wherein lies the greatest number of acres in the proposed consolidated district, the clerk shall immediately cause to be published in some newspaper in each county having lands in the proposed district three consecutive weeks, three times, a notice, substantially in the following form:
To all persons owning or interested in any lands in drainage districts numbered ______, ______ County, Missouri:
Notice is hereby given to all persons owning or interested in any lands in drainage districts Nos. ______, ______ County, Missouri, that a petition has been filed in my office asking that the aforesaid districts be consolidated into one district, and adjudged a public corporation to continue as such for a term of ______ years, under the name of "Consolidated Drainage District No. ______ of ______ County, Missouri", and that said petition will be heard on the ______ day of ______, 20______.
__________________
Clerk of the circuit court of ______ County, Missouri.
2. The circuit court of the county in which said petition has been filed shall thereafter, for all purposes of this chapter, have and maintain original and exclusive jurisdiction coextensive with the boundaries and limits of said district without regard to county lines.
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(RSMo 1939 § 12447, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 10857; 1919 § 4524
Effective 1-2-79
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 243 - Drainage Districts Organized in County Commission › Section 243.470 - Objections to petition for consolidation may be filed — proceedings.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 243
• Effective - 28 Aug 1939
243.470. Objections to petition for consolidation may be filed — proceedings. —
1. Any owner of real estate or other property in said proposed district objecting to the organization and incorporation of said drainage district, who did not sign the petition, shall, on or before the first day of the term of court at which the cause is to be heard, file his objection or objections to the organization and incorporation of any consolidated drainage district.
2. Such objection or objections shall be limited to a denial of the statements in the petition, and shall be heard by the court in a summary manner, without unnecessary delay, and if the petition is signed by the owners of a majority of the acreage of land in the proposed consolidated district, then it will be the duty of the court to grant the prayer of the petition and organize and incorporate the district as in the case of organizing and incorporating a district in the first instance under sections 242.010 to 242.690. But if such petition shall be signed only by the owners of less than one-half of the acres of land in such district or districts, then it shall be discretionary with the court whether the prayer of the petition be or be not granted. If the said petition be verified by one or more signers, it shall be prima facie evidence of the statements and allegations therein contained. Any person having signed the petition 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 the petition. The petition may be amended as any other pleading.
3. Within sixty 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 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. 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 lands and other property 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.
4. Thereafter such proceedings shall be had as is provided by sections 242.010 to 242.690. This chapter shall not be construed to be repugnant to, in conflict with, or as repealing any other law or laws of this state relating to the organization or incorporation of levee or drainage districts; but shall be held and construed to be cumulative thereto.
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(RSMo 1939 § 12448)
Prior revisions: 1929 § 10858; 1919 § 4525
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 243 - Drainage Districts Organized in County Commission › Section 243.480 - Failure or refusal of official to perform duty — penalty.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 243
• Effective - 28 Aug 1939
243.480. Failure or refusal of official to perform duty — penalty. —
If any engineer or county commission or clerk of the circuit court or other official shall neglect or refuse to perform any duty imposed by the provisions of this chapter, he shall forfeit and pay a fine of one hundred dollars for every such refusal, to be recovered by proper process.
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(RSMo 1939 § 12438)
Prior revisions: 1929 § 10848; 1919 § 4515; 1909 § 5616
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 243 - Drainage Districts Organized in County Commission › Section 243.490 - County collector liable, when — penalty.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 243
• Effective - 28 Aug 1939
243.490. County collector liable, when — penalty. —
If any county collector of the revenue refuses, fails or neglects to make prompt payment of the tax or any part thereof collected under this chapter to the county treasurer as provided in said chapter, then he shall pay a penalty of ten percent on the amount of his delinquency; such penalty shall at once become due and payable and both he and the sureties on his bond shall be liable therefor on his aforesaid bond.
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(RSMo 1939 § 12439)
Prior revisions: 1929 § 10849; 1919 § 4516
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 243 - Drainage Districts Organized in County Commission › Section 243.500 - Validity of bonds issued unquestionable.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 243
• Effective - 28 Aug 1939
243.500. Validity of bonds issued unquestionable. —
Hereafter when any bonds issued by any drainage district organized or incorporated under the laws of this state are sold for a sum or price allowed by law, and the proceeds of the sale thereof paid to the proper officer of the district, then except for the power to issue the bonds, neither the validity of them nor the tax levied to pay them shall thereafter be questioned in any court of law or equity.
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(RSMo 1939 § 12420)
Prior revisions: 1929 § 10830; 1919 § 4498
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 243 - Drainage Districts Organized in County Commission › Section 243.510 - Suits to be brought in name of state.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 243
• Effective - 28 Aug 1939
243.510. Suits to be brought in name of state. —
Suits on bonds for costs and the performance and completion of work on contract shall be brought in the name of the state of Missouri at the relation and to the use of the drainage district.
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(RSMo 1939 § 12440)
Prior revisions: 1929 § 10850; 1919 § 4517; 1909 § 5621
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 243 - Drainage Districts Organized in County Commission › Section 243.520 - Appeals — procedure.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 243
• Effective - 28 Aug 1939
243.520. Appeals — procedure. —
The clerk of the circuit court shall docket any appeal, styling the appellant the plaintiff and the drainage district the defendant, and the cause shall stand for trial and be tried as other appeal cases are tried in the circuit court. After the trial and judgment in the circuit court, the clerk of that court shall retain the transcript of the proceedings in the county commission and retransmit to the county clerk all of the original papers filed in his office by the county clerk, together with a transcript of the proceedings had in the circuit court, including a certified copy of the finding or verdict and the judgment of the said court; the clerk of the circuit court shall also certify an itemized statement of the cost accruing on the appeal, and such costs shall be paid as provided in this chapter. After a transcript of the proceedings had in the circuit court is filed in the office of the county clerk, the county commission shall cause such entries to be made on its record as may be necessary to give effect to the judgment of the circuit court.
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(RSMo 1939 § 12410)
Prior revisions: 1929 § 10821; 1919 § 4489; 1909 § 5593
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 243 - Drainage Districts Organized in County Commission › Section 243.530 - Chapter declared remedial in character and purpose.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 243
• Effective - 28 Aug 1939
243.530. Chapter declared remedial in character and purpose. —
1. The repeal of article 4, chapter 41, RSMo 1909, shall not have the effect of suspending, abating, abridging, impairing, vitiating, or nullifying any right, power, remedy, or lien heretofore given, created or conferred upon any drainage district heretofore organized or in process of organization at the time of passage of this chapter, under any law of this state, but all such rights, powers, remedies and liens are hereby directly preserved to all such drainage districts; nor shall the repealing of existing laws have the effect of suspending, abridging, abating or nullifying any proceeding or proceedings now pending in any court of this state or of the United States; nor shall the repealing of existing laws have the effect of impairing, invalidating, discharging, changing, modifying or destroying any obligation, contract or undertaking, entered into by, or with any drainage district now organized and existing under any law in this state, but all such obligations, contracts and undertakings so entered into shall be and remain inviolate.
2. All rights, powers, liens and remedies now existing in behalf of any drainage district of this state may be enforced and made available under the provisions of this chapter, if applicable, at the election of the drainage district. This chapter is hereby declared to be remedial in character and purposes, and shall be liberally construed by the courts in carrying out this legislative intent and purpose.
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(RSMo 1939 § 12454)
Prior revisions: 1929 § 10864; 1919 § 4531
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 243 - Drainage Districts Organized in County Commission › Section 243.540 - Penalty for violation of provisions of chapter.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 243
• Effective - 28 Aug 1939
243.540. Penalty for violation of provisions of chapter. —
Any person, corporation, member of the county commission or municipal corporation, convicted of a misdemeanor as defined by this chapter shall pay a fine of not less than five dollars nor more than one thousand dollars, and if such violation of said chapter as the conviction is for shall not be abated by the party so convicted within thirty days after such conviction, then the continuance of such obstruction or other violation of the provisions of this chapter after said period of thirty days shall for each and every day the same is continued constitute a separate offense, for which, on conviction thereof, the party so offending shall be punished by a fine of twenty-five dollars.
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(RSMo 1939 § 12444)
Prior revisions: 1929 § 10854; 1919 § 4521; 1909 § 5630
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 243 - Drainage Districts Organized in County Commission › Section 243.550 - Petition for reassessment of benefits, form — procedure for maintenance levy or for a new tax to pay costs of plan for reclamation.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 243
• Effective - 28 Aug 1993
243.550. Petition for reassessment of benefits, form — procedure for maintenance levy or for a new tax to pay costs of plan for reclamation. —
Whenever the owners of twenty-five percent or more of the acreage of the lands in the district shall file a petition with the county commission stating that there has been a material change in the values of the property in the district since the last previous assessment of benefits or readjustment of the assessment of benefits and praying for a readjustment of the assessment of benefits for the purpose of making a more equitable basis for the levy of the maintenance tax or for the purpose of levying a new tax to pay the costs of the completion of the proposed works and improvements as shown in any supplemental plan for reclamation, or for both of the aforesaid purposes, the county commission shall give notice of the filing and hearing of the petition by posting such notice in a prominent place in the court house and by publication in a newspaper of general circulation in the county once a week for at least four consecutive weeks, the last insertion to be at least fifteen days prior to the hearing of the petition. The notice may be in the following form:
Notice is hereby given to all persons interested in the lands and property included within the ______ district that a petition has been filed in the office of the county commission of ______ County, ______, praying for a readjustment of the assessment of benefits for the purpose(s) of. ______, and that the petition will be heard by the county commission on the ______ day of ______, 20______.
__________________
Clerk of ______ County
­­Upon hearing of the petition if the county commission finds that there has been a material change in the values of property in the district since the last previous assessment of benefits, the county commission shall order that there be made a readjustment of the assessment of benefits for the purpose of providing a basis upon which to levy the maintenance tax of the district or for the purpose of levying a new tax to pay the costs of the completion of the proposed works and improvements as shown in any supplemental plan for reclamation, or for both of the aforesaid purposes.
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(L. 1993 S.B. 56 § 243.550 subsec. 1)
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 243 - Drainage Districts Organized in County Commission › Section 243.551 - County commission to appoint three viewers, qualifications, duties — report, procedure — readjustment of benefits limited to once a year — payment may be by installments.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 243
• Effective - 28 Aug 1993
243.551. County commission to appoint three viewers, qualifications, duties — report, procedure — readjustment of benefits limited to once a year — payment may be by installments. —
Thereupon the county commission shall appoint three viewers, possessing the qualifications of viewers appointed under section 243.050 to make such readjustment of assessments in the manner provided in section 243.050 and the viewers shall make their report, and the same proceedings shall be had thereon, as nearly as may be, as are herein provided for the assessment of benefits accruing for original construction; provided, that in making the readjustment of the assessment of benefits, the viewers shall not be limited to the aggregate amount of the original or any readjustment of the assessment of benefits and may assess the amount of benefits that will accrue from carrying out and putting into effect any supplemental plan for reclamation. After the making of such readjustment, the limitation of twenty percent of the annual maintenance tax which may be levied shall apply to the amount of benefits as readjusted, and the limitation of the tax which may be levied for payment of the costs of the completion of the proposed works and improvements shown in any supplemental plan for reclamation shall apply to the amount of the benefits as readjusted. There shall be no such readjustment of benefits more often than once in a year. The list of lands, and other property, with the readjusted assessed benefits and the order of the county commission, shall be filed in the office of the county recorder. The petition for reassessment of benefits may request that the cost of the improvement be payable in more than one installment and if the county commission agrees in its order of assessment, the assessment shall be payable in the number of installments, not exceeding fifteen, so found to be desired, which installments shall be equal, and each tract of land in the district shall be charged with interest which shall be apportioned against the lands in the district by the same rule of apportionment as the principal assessment.
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(L. 1993 S.B. 56 § 243.550 subsec. 2)
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 243 - Drainage Districts Organized in County Commission › Section 243.553 - Installments payable, when.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 243
• Effective - 28 Aug 1993
243.553. Installments payable, when. —
The payments of such installments, and such interest charge and the payments thereof, shall be as follows:
(1) If such order is made on or after the first day of January and before the first day of November of any year, the first installment shall be payable on the thirty-first day of December following the date of such order, with interest on the principal, at the rate of six percent per annum, from the date of such order until the first day of April after the date such installment becomes payable, and one installment shall become payable on the thirty-first day of each December thereafter with interest at such rate on the portion of the principal then unpaid, from the thirty-first day of the previous December until the first day of the following April, until the entire assessment is paid.
(2) If such order is made on or after the first day of November of any year, the first installment of such special assessment shall be payable on the thirty-first day of December of the next year after the date of such order, with interest at such rate on the principal from the date of such order until the first day of April after the date such first installment becomes payable, and thereafter an installment shall be payable on the thirty-first day of each December, with interest at such rate on the principal then unpaid, from the thirty-first day of the previous December to the first day of the following April, until the entire principal of the assessment is paid.
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(L. 1993 S.B. 56 § 243.550 subsec. 3)
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 243 - Drainage Districts Organized in County Commission › Section 243.560 - Bond issues authorized, amount — rate — payable when — county treasurer to sell — cost, not obligation of county.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 243
Effective - 28 Aug 1993
243.560. Bond issues authorized, amount — rate — payable when — county treasurer to sell — cost, not obligation of county. —
1. The county commission may, on behalf of the district, issue bonds not to exceed ninety percent of the total amount of the assessments levied under the provisions of sections 243.550 to 243.553, in denominations of not less than one hundred dollars, bearing interest from date at a rate not to exceed six percent per annum, payable semiannually, to mature at annual intervals within twenty years, commencing after a period of years, not later than five years, to be determined by the county commission, both principal and interest payable at some convenient banking hours or trust company's office to be named in the bonds, which bonds shall be signed by the presiding commissioner, attested by the signature of the county clerk.
2. All of said bonds shall be executed and delivered to the county treasurer, who shall sell the same in such quantities and at such dates as the county commission may deem necessary to meet the payments for the works and improvements in the district. The bonds shall not be sold for less than ninety-five cents on the dollar, with accrued interest, shall show on their face the purpose for which they are issued, and shall be payable out of money derived from the assessment levied under the provisions of sections 243.550 to 243.553. The bonds shall not be payable out of funds of the county and are not obligations of the county.
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(L. 1993 S.B. 56 § 243.560 subsecs. 1, 2)
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 243 - Drainage Districts Organized in County Commission › Section 243.561 - County commission to appropriate money to pay principal and interest on bonds — money collected to be deposited in separate fund, purpose.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 243
Effective - 28 Aug 1993
243.561. County commission to appropriate money to pay principal and interest on bonds — money collected to be deposited in separate fund, purpose. —
A sufficient amount of the assessment levied under the provisions of sections 243.550 to 243.553 shall be appropriated by the county commissioners for the purpose of paying the principal and interest of the bonds and the same shall, when collected, be preserved in a separate fund for that purpose and no other. All bonds and coupons not paid at maturity shall bear interest at the rate of six percent per annum from maturity until paid, or until sufficient funds have been deposited at the place of payment, and the interest shall be appropriated by the county commission out of the penalties and interest collected on delinquent assessment or any other available funds of the district. Any expense incurred in paying the bonds and interest thereon, and a reasonable compensation to the bank or trust company for paying same, shall be paid out of other funds of the district collected for the purpose of meeting the expenses of administration.
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(L. 1993 S.B. 56 § 243.560 subsec. 3)
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 243 - Drainage Districts Organized in County Commission › Section 243.563 - Proceeds of assessment insufficient to pay principal and interest on bonds, procedure — funds derived from bond sale, purpose.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 243
Effective - 28 Aug 1993
243.563. Proceeds of assessment insufficient to pay principal and interest on bonds, procedure — funds derived from bond sale, purpose. —
1. It shall be the duty of the county commission in making assessments, as provided in this chapter, to take into account the maturing bonds and interest on all bonds, and to make ample provisions in advance for the payment thereof. In case the proceeds of the assessment made under the provisions of sections 243.550 to 243.553 are not sufficient to pay the principal and interest of all bonds issued, then the county commission shall make such additional levy or levies upon benefits assessed as are necessary for this purpose, and under no circumstances shall any assessment be made that will in any manner or to any extent impair the security of the bonds or the fund available for the payment of the principal and interest of the same.
2. The funds derived from the sale of the bonds or any of them shall be used for the purpose of paying the cost of the drainage works and improvements and such costs, expenses, fees and salaries as may be authorized by law and used for no other purpose.
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(L. 1993 S.B. 56 § 243.560 subsecs. 4, 5)
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 244 - Private Drainage Rights › Section 244.010 - Drainage for agricultural or sanitary purposes.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 244
Effective - 28 Aug 1939
244.010. Drainage for agricultural or sanitary purposes. —
The owner or owners of all or any part of any tract or parcel of swamp, wet, flat or overflowed land in this state, situated within or without any drainage or levee district organized under any laws of this state, shall have the right, under the provisions of this chapter, to drain or protect such land for sanitary or agricultural purposes, without forming such land into a district, by constructing an open ditch, laying tile or building a levee, and such ditch, tile or levee may be constructed through or across any tract or parcel of land situate between such land to be drained or protected and any lake, bayou, hollow, creek, artificial drainage ditch, river, depression or other outlet into which the waters from such swamp, wet, flat or overflowed land can be drained, provided the owner or owners of the land through or upon which such ditch, tile or levee must be built be paid a sum equal to the value of land, if any, consumed in constructing such works and the amount of damages, if any, that will be sustained by such land from the construction and maintenance of the improvement.
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(RSMo 1939 § 12455)
Prior revisions: 1929 § 10865; 1919 § 4560; 1909 § 5662
CROSS REFERENCE:
County planning commission, class one counties, approval of improvements, 64.010 to 64.205
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 244 - Private Drainage Rights › Section 244.020 - Disagreement on drainage methods — petition circuit court.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 244
• Effective - 28 Aug 1945
244.020. Disagreement on drainage methods — petition circuit court. —
1. When the owner or owners of the land to be drained or protected and the owner or owners of the land through or across which such improvements are to be built or constructed fail to agree as to the location of the ditch, tile or levee or as to the value of land, if any, to be used, or the amount of damages, if any, that will result from constructing the improvements, the owner or owners of the land desired to be drained or protected shall have the right to file with the circuit clerk their petition, which shall state the method of drainage or protection desired, the name or names of the owner or owners of the land to be drained or protected with a description of the land owned by each, and the name or names of the owner or owners of the land through or upon which such drain or levee must pass, with a description of land owned by each, and that the owners are unable to agree as to the best method to adopt for the drainage or protection of the swamp, wet, flat or overflowed land, the value of the land, if any, to be used for any ditch, tile or levee, or the amount of damages, if any, that should be paid the owner or owners of the land through or upon which the proposed improvements must be constructed. Said petition shall pray the circuit court that commissioners be appointed to consider any and all matters not agreed upon by the landowners and to make a report and recommendations for the adjustment of such disagreements.
2. A rough plat of all land that will in any way be affected by the proposed improvements and indicating the approximate location and course of the ditch, tile or levee, shall be filed with said petition, but such plat need not be made by an engineer; provided, that before any such owner or owners shall have the right to file any such petition he or they shall first tender in writing to the owner or owners of the land through or upon which such ditch, tile or levee is to be constructed, a sum of money equal to the amount of the value of the land, if any, that will be used in constructing the ditch, tile or levee, plus the damages, if any, that will accrue to the land and the cost of the crossings, if any are needed, which said amount, in the estimation of the owner or owners of the land to be drained or protected, seems just compensation for the total cost of such items, and the fact of said tender having been made and the amount of the same shall be stated in the foregoing petition.
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(RSMo 1939 § 12456, A.L. 1945 p. 852)
Prior revisions: 1929 § 10866; 1919 § 4561; 1909 § 5665
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 244 - Private Drainage Rights › Section 244.030 - Filing of objections — hearing by court — appointment of commissioners.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 244
• Effective - 28 Aug 1990
244.030. Filing of objections — hearing by court — appointment of commissioners. —
1. Such petition, as soon as so signed, shall be filed in the office of the circuit clerk of the county in which is situate the land that will be affected by the proposed improvements; each person not having signed such petition, owning land that will be either damaged or benefitted by the construction of the ditch, tile or levee shall be named as a party defendant in such action and served with a summons and a copy of the petition, as in ordinary civil actions. If such owner or owners of land be nonresidents of the state, then such service shall be had as provided in the civil code of Missouri.
2. The court shall set a date to hear objections, which such date shall be named in a notice accompanying such petition and given each owner of land and which hearing shall not be more than twenty days from the return date; such notice shall state the purpose sought as set out in the petition and that the person receiving such notice shall have the right to file objections to the petition. Any person whose land will be affected in any manner by the proposed ditch, tile or levee shall have the right to file his objection on or before the date set for such hearing and before the hour of such hearing. Such objection or objections shall be limited to a denial of the allegations as contained in the petition.
3. The circuit court shall hear such objections without unnecessary delay and if such objections be overruled it shall appoint three disinterested residents of the county, not of kin within the second degree of consanguinity to any person owning land to be affected, as commissioners, who before entering upon their duties shall be sworn to faithfully and impartially perform the duties imposed upon them by this chapter.
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(RSMo 1939 § 12457, A.L. 1945 p. 852, A.L. 1990 H.B. 1070)
Prior revisions: 1929 § 10867; 1919 § 4562
(1959) Circuit court of county in which lands sought to be subjected to an easement are located had jurisdiction of proceeding under this chapter notwithstanding such lands were included in district organized under chapter 242 by circuit court of adjoining county. Dillen v. Remley (A.), 327 S.W.2d 931.
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 244 - Private Drainage Rights › Section 244.040 - Duties of commissioners.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 244
Effective - 28 Aug 1945
244.040. Duties of commissioners. —
Within twenty days after so qualifying, unless prevented by sickness or some other good cause, said commissioners shall proceed to view the premises and perform their duties. They shall be furnished by the clerk of the circuit court a copy of the plat of the land and proposed improvements filed with the petition under the provisions of section 244.020. They shall mark out the most practical route and location of the ditch, tile or levee, and they shall assess the benefits and damages, if any, that will accrue to each tract or parcel of land, according to ownership, because of the proposed works; they shall specify the number of crossings, if any, that will be needed for the use and convenience of the public or owners of the land to be affected by the proposed works, and they shall make such recommendations as they may consider necessary for the use of the circuit court in deciding the cause. They shall make out their report in writing and after the same shall have been signed by at least two of said commissioners, it shall be filed in the office of the circuit clerk. Said commissioners may employ an engineer or surveyor to run levels, make measurements and obtain such other information as said commissioners may deem necessary to assist them in their work.
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(RSMo 1939 § 12458, A.L. 1945 p. 852)
Prior revisions: 1929 § 10868; 1919 § 4563
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 244 - Private Drainage Rights › Section 244.050 - Notification of commissioners' report — filing of objections.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 244
Effective - 28 Aug 1945
244.050. Notification of commissioners' report — filing of objections. —
Within ten days after the filing of the commissioners' report the clerk of the circuit court shall give notice of such filing to each landowner, and said notice shall state the hour and date at which the circuit court, provided there be not less than five days between the serving of such notice and the date of hearing, will hear objections to said report. Any person whose land will be affected by the improvements as shown by said commissioners' report, shall have the right, on or before the date set for hearing of said report and before the hour set for said hearing, to file his objections to said report.
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(RSMo 1939 § 12459, A.L. 1945 p. 852)
Prior revisions: 1929 § 10869; 1919 § 4564
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 244 - Private Drainage Rights › Section 244.060 - Confirmation or rejection of report — payment of costs.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 244
Effective - 28 Aug 1945
244.060. Confirmation or rejection of report — payment of costs. —
Said circuit court shall hear all such objections in a summary manner and without unnecessary delay, and should it find that no objection should be sustained, the court shall approve and confirm said report, but if the court shall find that any or all of the exceptions or objections should be sustained, it shall render its decree accordingly. All additional costs incurred by hearing and determining such objections shall be apportioned by the circuit court to the landowners in proportion to the objections sustained or overruled. If the report of the commissioners as confirmed, or as modified, shows that the damages and cost of necessary crossings exceed the amount tendered, under the provisions of section 244.020, to the owner or owners of the land traversed by the works, the total court cost of the case, including fees and expenses of commissioners, shall be paid by the petitioner or petitioners, but if the amount of such items be not greater than the tendered amount the cost shall be paid by the objectors.
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(RSMo 1939 § 12460, A.L. 1945 p. 852)
Prior revisions: 1929 § 10870; 1919 § 4565
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 244 - Private Drainage Rights › Section 244.070 - Limitation on improvements — dismissal of case, when.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 244
Effective - 28 Aug 1949
244.070. Limitation on improvements — dismissal of case, when. —
1. The word
"tract"
and
"parcel"
of land as used in this chapter shall include town lots or other subdivisions of land according to ownership. Persons desiring to drain or protect land under the provisions of this chapter shall not be limited to a single ditch, tile or levee, but two or more of each or all three may be constructed for the drainage or protection of the same tract of land.
2. If the report of the commissioners, as approved or as amended by the circuit court shows the total cost of the improvements, including value of the land used, the amount of the damages and cost of crossings, exceeds the total benefits accruing to all the land from the proposed improvement, the court shall dismiss the case and tax the court costs against the petitioners. Thereafter any one or more persons owning any portion of the wet, swamp, flat or overflowed land shall have the right to construct the ditch, tile or levee at his or their expense, but if constructed under such conditions the other owners of land that will be improved shall not be taxed for any of the costs.
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(RSMo 1939 § 12465, A. 1949 S.B. 1084)
Prior revisions: 1929 § 10875; 1919 § 4570
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 244 - Private Drainage Rights › Section 244.080 - Appeals from circuit court decision.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 244
Effective - 28 Aug 1945
244.080. Appeals from circuit court decision. —
Any person may appeal from the decision or decree of the circuit court as provided by law in other civil actions. Such appeal shall not act as a supersedeas or delay construction of either the ditch or levee or laying of the tile, but before such work shall be begun the owners of the land to be drained or protected shall pay into the hands of the circuit clerk for the use of the parties whose land is taken or injured, the amount awarded to said party or parties by the circuit court.
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(RSMo 1939 § 12461, A.L. 1945 p. 852)
Prior revisions: 1929 § 10871; 1919 § 4566
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 244 - Private Drainage Rights › Section 244.090 - Disagreement on manner of construction — petition circuit court.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 244
• Effective - 28 Aug 1945
244.090. Disagreement on manner of construction — petition circuit court. —
1. The owner or owners of the land benefitted shall have the right, without obtaining permission of the circuit court, to construct the ditch or levee or lay the tile or to arrange to have such constructed or laid, but the damages resulting, if any, from the construction of the same shall be paid in cash to the owner or owners of the land taken or damaged, or the sum awarded for such items shall be placed in the possession of the circuit clerk for the use of such persons, before such construction shall be begun.
2. In case the owners of the land benefitted are unable to agree among themselves as to the manner of constructing the ditch or levee or laying the tile or letting the contract for the same, the circuit court shall have the power, upon being petitioned by a majority of persons interested, after due notice has been given to other interested parties, to let the work of construction out to the lowest or best bidder, and after such costs have been determined, the circuit clerk, upon order of the circuit court, shall apportion the total cost to each tract or parcel of land according to ownership in proportion the benefits derived as ascertained and determined by the court, and such cost shall become a lien upon such land and remain the same until paid.
3. Such lien shall be enforced by suit brought on bills properly made out and certified to by the circuit clerk, such suit to be brought in the name of the state at the relation of the interested party or parties in any court of competent jurisdiction. All sums collected by such suit shall include the court cost incurred in bringing and conducting such suit and a reasonable attorney's fee to be fixed by the court hearing said cause.
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(RSMo 1939 § 12462, A.L. 1945 p. 852)
Prior revisions: 1929 § 10872; 1919 § 4567
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 244 - Private Drainage Rights › Section 244.100 - Rights of owners after construction.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 244
Effective - 28 Aug 1945
244.100. Rights of owners after construction. —
The owners of the land benefitted shall have the right at any time after the ditch, tile or levee has been completed, to go upon the land through or upon which such works shall have been built and repair the same, but no right to enlarge or change the location of the ditch, levee or tile is granted under this chapter without first obtaining consent of the owner or owners of land traversed, either by free gift or purchase, but the owner or owners of the land drained or protected shall have the right to petition for privilege from the circuit court to enlarge works already made or to make necessary additional improvements, and such petition shall be proceeded with in the same manner as is provided in sections 244.020 and 244.030 for original construction.
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(RSMo 1939 § 12463, A.L. 1945 p. 852)
Prior revisions: 1929 § 10873; 1919 § 4568
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 244 - Private Drainage Rights › Section 244.110 - Compensation — appointment of special commissioners and surveyor.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 244
Effective - 28 Aug 1945
244.110. Compensation — appointment of special commissioners and surveyor. —
1. The parties petitioning shall be liable for all costs incurred on account of any proceeding under this chapter. Each commissioner shall receive for his services two dollars for each day employed and necessary expenses incurred in addition thereto; any surveyor for services rendered while working under the direction of the commissioners shall be paid three dollars per day and all necessary expenses.
2. In case it becomes the duty of the circuit court to have the work constructed, as is provided for in section 244.090, said court shall have the right to appoint a special commissioner, who may or may not be a surveyor, and not owning land that is affected in any way by the works, to take charge of the construction and report to said court from time to time as to the progress of said construction and make a full report when the same has been completed. Such commissioner shall, upon completion of the work, make a final report to the court, and said court shall, if it finds said work performed according to contract, accept and confirm said report.
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(RSMo 1939 § 12464, A.L. 1945 p. 852)
Prior revisions: 1929 § 10874; 1919 § 4569
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 244 - Private Drainage Rights › Section 244.120 - Amendment of petition — rights of landowner.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 244
Effective - 28 Aug 1945
244.120. Amendment of petition — rights of landowner. —
1. The petition as signed and filed under the provisions of this chapter may be amended at any time as other pleadings in other cases.
2. The owner or owners of land within or without any levee or drainage district organized under the laws of this state shall be permitted to connect a ditch, tile or levee constructed under the provisions of this chapter with any artificial ditch, drain or levee of any drainage or levee district on such terms as the board of supervisors of such drainage or levee district or the court, under which any such district has been organized, may prescribe.
3. A petition filed under the provisions of this chapter and any and all matters pertaining thereto may be heard and determined by the circuit court at any time at a regular, adjourned or special session.
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(RSMo 1939 § 12466, A.L. 1945 p. 852)
Prior revisions: 1929 § 10876; 1919 § 4571