Effective - 28 Aug 1990
228.050. Remonstrances — hearing — findings. — 1. If a remonstrance is presented signed by twelve or more persons residing in the municipal township or townships through which it is proposed to establish such road, three of whom which reside in the immediate neighborhood, the county commission shall hear such witnesses as the respective parties may produce in regard to the public necessity, practicability and probable damages, if any claimed, to the owner of the land through which it is proposed to establish such road, and the expense of establishing and building the same, including bridges and culverts therein.
2. If the commission upon such hearing shall find that the facts in the case do not justify the establishing of such road, the proceedings shall be dismissed. If the commission shall find that the facts do justify the establishing of such road, either at the expense of the county, or of the petitioners, or both, it shall make an order accordingly.
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(L. 1949 p. 551 § 8475a, A.L. 1990 H.B. 1070)
Structure Missouri Revised Statutes
Title XIV - Roads and Waterways
Chapter 228 - Establishment and Vacation of Roads
Section 228.010 - Definitions.
Section 228.020 - Petition for establishing road.
Section 228.030 - Notice of application for road.
Section 228.040 - County commission required to open road, when.
Section 228.050 - Remonstrances — hearing — findings.
Section 228.060 - Survey of road by county highway engineer, when — report.
Section 228.080 - Order to establish road, when.
Section 228.090 - Relinquishments, deeds, plats to be filed and recorded.
Section 228.100 - Condemnation proceedings, when.
Section 228.110 - Roads may be vacated, how.
Section 228.120 - Record of proceedings — judicial review.
Section 228.130 - No revocation of order establishing or vacating road — amendment of order.
Section 228.140 - Roads on county lines established, how.
Section 228.160 - Roads may be enclosed and route changed, when.
Section 228.341 - Private road defined.
Section 228.345 - Maximum width — contents of petition.
Section 228.348 - Service of process, how issued — rules of civil procedure to apply, when.
Section 228.352 - Nonjury hearing, purpose — court order, issued when.
Section 228.355 - Commissioners, how appointed — duties — compensation.