Effective - 28 Aug 1977
226.150. Commission directed to comply with acts of Congress relating to road funds and road work — may sell unnecessary tools, commission employees not to purchase, exception. — The commission is hereby directed to comply with the provisions of any act of Congress providing for the distribution and expenditure of funds of the United States appropriated by Congress for highway construction, and to comply with any of the rules or conditions made by the Bureau of Public Roads of the Department of Agriculture, or other branch of the United States government, acting under the provisions of federal law in order to secure to the state of Missouri funds allotted to this state by the United States government for highway construction. The commission is authorized to pay the state's proportion of the cost of roads constructed with federal and state funds out of the state road fund. Any money due to the state of Missouri from the United States, under the provisions of such acts of Congress, relating to highway construction, shall be received by the state treasury and deposited in a separate fund, and paid out by the state treasurer on requisitions drawn by an officer of the state highways and transportation commission on a warrant of the state auditor. Said funds being the funds of the federal government allotted to the state of Missouri, no appropriation of the general assembly for the expenditure of such funds shall be necessary. The commission is authorized to accept, receive and utilize any road machinery, trucks or supplies donated, loaned or sold to the state by the federal government, and to pay the necessary transportation and other expenses of securing the same. The commission may also sell any unnecessary or surplus tools or equipment and receive payment therefor and all money received on account of such sales, if any, shall be immediately paid into the state treasury to the credit of the state road fund; provided, however, that no such unnecessary or surplus tools or equipment shall be sold directly or indirectly by the commission to any employees of the transportation department except when such sales are made at public sale open to the general public.
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(RSMo 1939 § 8754, A.L. 1977 H.B. 185)
Prior revision: 1929 § 8106
(1975) Failure to negotiate as required by federal law deprives trial court of jurisdiction and prohibition is proper remedy for condemnee. State ex rel. Weatherby Advertising v. Conley (Mo.), 527 S.W.2d 334.
(1987) This section does not require judicial review of Commission's compliance with federal funding in condemnation actions pursuant to section 523.010 where federal funds are being used and court did not err in denying landowner's subpoena for work product of appraisers issued for the purpose of determining whether condemnor complied with federal law by negotiating in good faith and in accordance with appraisers' reports. Mo. Highway & Transp. Com'n. v. Anderson, Anderson, 735 S.W.2d 350 (Mo. banc).
(1994) Expenditure of state road fund for mitigation plan required by federal Pipeline Safety Act is appropriate expenditure under Art. IV, Sec. 30(b), Mo. Const., as it relates and appertains to the construction of Page Avenue Extension of state highway. DeMere v. Missouri State Highway and Transportation Commission. 876 S.W.2d 652 (Mo. App. W.D.).
Structure Missouri Revised Statutes
Title XIV - Roads and Waterways
Chapter 226 - Department of Transportation
Section 226.007 - Transfer of agencies.
Section 226.010 - Definitions.
Section 226.020 - State highways and transportation commission created.
Section 226.030 - Number of members — qualifications — term — removal — compensation.
Section 226.033 - Prohibited acts by certain commissioners.
Section 226.033 - Prohibited acts by certain commissioners.
Section 226.050 - Secretary to be appointed — duties and powers.
Section 226.070 - Attorney general shall advise commission, when.
Section 226.080 - Salaries, how fixed — veterans' preference authorized.
Section 226.095 - Arbitration for negligence actions, when.
Section 226.100 - Principal office to be in Jefferson City — persons authorized to administer oaths.
Section 226.120 - Chairman and vice chairman, election, term — quorum — monthly meeting, required.
Section 226.130 - Duties and powers of commission — rulemaking, procedure.
Section 226.134 - Projects funded by bonds to conform with priorities of 1992 plan, exception.
Section 226.140 - Audit of records, when — plan to modernize transportation system, report.
Section 226.170 - Election of state highways and transportation commission, how construed.
Section 226.181 - Parks, requests for federal aid, notice to be given department.
Section 226.190 - Assent to act of Congress for aid to state roads.
Section 226.210 - Road bond interest and sinking fund.
Section 226.220 - State road fund — sources — expenditures.
Section 226.225 - State transportation fund established, purposes.
Section 226.230 - Auditor, treasurer and highways and transportation commission — duties.
Section 226.250 - Authorized to acquire, by lease, purchase, or condemnation, plants or factories.
Section 226.270 - Method of procedure in case of condemnation proceedings.
Section 226.280 - Definitions.
Section 226.290 - Interpretations.
Section 226.300 - Purpose of law.
Section 226.310 - Duties and powers of state transportation department.
Section 226.320 - State agencies to cooperate.
Section 226.330 - State transportation department to accept donations of and acquire lands.
Section 226.340 - Area to be provided for parkway purposes.
Section 226.350 - State to convey necessary areas in fee simple to United States.
Section 226.360 - Political subdivisions to convey parkway areas.
Section 226.370 - Areas to be in accordance with preliminary development and property maps.
Section 226.380 - Areas prohibited from certain uses.
Section 226.390 - Use of existing highways in connection with parkways — conditions.
Section 226.400 - Concurrent jurisdiction ceded to United States.
Section 226.410 - All other powers preserved to state.
Section 226.420 - Powers and duties of state transportation department in parkway area.
Section 226.430 - Powers to be exercised when funds are appropriated.
Section 226.440 - Commission established.
Section 226.445 - Commission members, number, term, appointment — compensation — staff.
Section 226.450 - Meetings, number required annually — called how — quorum.
Section 226.455 - Commission's duties.
Section 226.460 - Commission's powers.
Section 226.465 - State agencies to cooperate.
Section 226.490 - Official highway maps — certain attractions to be designated, when.
Section 226.500 - Purpose of law.
Section 226.501 - Tenth amendment to United States Constitution quoted.
Section 226.502 - Legislative intent — funds to be used.
Section 226.510 - Definitions.
Section 226.520 - Permitted signs — specifications.
Section 226.530 - Permits — rulemaking.
Section 226.532 - Attorney general to represent the state in certain actions.
Section 226.545 - Landmark signs, permitted when.
Section 226.560 - Certain provisions to affect subsequently erected signs only.
Section 226.573 - Rulemaking — new technology in outdoor advertising.
Section 226.585 - Vegetation along right-of-way, cutting of — transportation department, duties.
Section 226.590 - Matching funds — source.
Section 226.650 - Purpose of law.
Section 226.660 - Definitions.
Section 226.670 - Licenses — fee.
Section 226.680 - Prohibited areas — exceptions.
Section 226.690 - Preexisting junkyards — screening — removal.
Section 226.700 - Rules authorized — injunctive relief.
Section 226.710 - Unlicensed junkyard — penalty.
Section 226.720 - Unscreened junkyards near state and county roads prohibited — penalty.
Section 226.750 - Beautification, rest, recreational areas authorized.
Section 226.760 - Acquisition, condemnation authority.
Section 226.770 - Authority to contract with public agencies for funds.
Section 226.780 - Expenditures limited to federal funds, when.
Section 226.790 - Commercial facilities within rest or recreation areas prohibited.
Section 226.792 - U.S. Route 66, original roads and highways to be renamed "Route 66".
Section 226.795 - Scenic road, State Highway 19 designation, duties.
Section 226.796 - U.S. Highway 66 designated historic highway — duties — costs, how paid.
Section 226.800 - Marking national historic trails with approved signs — donations.
Section 226.801 - Signs and outdoor advertising, rules and regulations.
Section 226.907 - Minority-owned construction companies not required, when.
Section 226.910 - Contract requirements not in compliance with federal law to be null and void.
Section 226.950 - Definitions.
Section 226.975 - Commission not required to file plans.
Section 226.1115 - Property removed from roadway to be taken to shoulder or berm of roadway.