Missouri Revised Statutes
Chapter 228 - Establishment and Vacation of Roads
Section 228.050 - Remonstrances — hearing — findings.

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.
­­--------
(L. 1949 p. 551 § 8475a, A.L. 1990 H.B. 1070)

Structure Missouri Revised Statutes

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 228.150 - Districting and repair of new roads — owner of land given time to yield possession — penalty for refusal.

Section 228.160 - Roads may be enclosed and route changed, when.

Section 228.180 - Condemnation of private property for public road — survey — claims for damages — hearings — jury trial, when.

Section 228.190 - Roads legally established, when — deemed abandoned, when — roads deemed public county roads, when.

Section 228.341 - Private road defined.

Section 228.342 - Establishment or widening of private road — strict necessity defined — who may petition.

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.

Section 228.358 - Report of commissioners, exceptions to, filed when — jury impaneled, when — judgment, contents.

Section 228.362 - Use of road allowed, when — damages for use allowed, when — abandonment of proceedings, effect.

Section 228.365 - Change of judge, venue.

Section 228.368 - Costs.

Section 228.369 - Maintenance, multiple user roads without written agreement, plan of maintenance by court — apportionment of costs.

Section 228.374 - Amending or modifying agreements or plans of maintenance by recorded agreement, when.