Missouri Revised Statutes
Chapter 228 - Establishment and Vacation of Roads
Section 228.120 - Record of proceedings — judicial review.

Effective - 28 Aug 1949
228.120. Record of proceedings — judicial review. — 1. Upon the request and at the expense of any petitioners or remonstrators, a stenographic record shall be made of all proceedings before the county commission upon any petition to establish or vacate any public road.
2. Any order of the county commission establishing or vacating a public road shall be subject to judicial review to the same extent and in the manner prescribed by chapter 536.
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(L. 1949 p. 551 § 8477)
(1958) Order of county court of Maries County establishing a public road in Maries County was reviewable by circuit court in Cole County under § 536.110. Elrod v. Maries Co. (A.), 309 S.W.2d 12.
(1976) Section 49.230 is a general statute and does not impliedly repeal this section, the general rule being that a later general act does not repeal an earlier specific which remains as an exception to the later general law. Ross v. Conoco Quarry, Inc. (A.), 543 S.W.2d 568.

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.