Effective - 28 Aug 1993
228.342. Establishment or widening of private road — strict necessity defined — who may petition. — A private road may be established or widened in favor of any owner or owners of real property for which there is no access, or insufficiently wide access, from such property to a public road if the private road sought to be established or widened is a way of strict necessity. As used in this section, the term "strict necessity" shall include the necessity to establish or widen a private road in order to utilize the property for the uses permitted by law. Any petition for the establishment or widening of a private road shall be filed and the proceeding shall be conducted in the circuit court of the county where the proposed road is to be located. The owners of the real property over which the proposed private road shall pass shall be named as defendants.
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(L. 1991 S.B. 138 § 1, A.L. 1993 S.B. 236)
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.