Effective - 28 Aug 1993
228.358. Report of commissioners, exceptions to, filed when — jury impaneled, when — judgment, contents. — Within ten days after notification of the commissioners' report, either party may file exceptions to the report and assessment of damages. If no exceptions are filed, the court shall enter a judgment establishing or widening the private road and assessing the damages as set forth in the commissioners' report to be paid by the plaintiffs to the defendants. If either party files exceptions, the court shall impanel a jury and conduct a trial to determine the amount of damages to be paid by the plaintiffs to the defendants. Thereafter, the court shall enter a judgment establishing or widening the private road and assessing the damages as set forth in the jury's verdict, and the provisions of the interlocutory order as provided in section 228.352 shall be included in such judgment. The private road so established or widened shall be a permanent easement appurtenant to the plaintiffs' real property.
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(L. 1991 S.B. 138 § 6, 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.