Effective - 28 Aug 2012
228.374. Amending or modifying agreements or plans of maintenance by recorded agreement, when. — 1. A prior agreement or court order establishing a plan of maintenance may be amended or modified and may be restated at any time by a recorded agreement signed by all the homeowners or other benefitted owners.
2. No court proceeding under section 228.369 to amend, modify, or restate a plan of maintenance may be filed sooner than seven years from the entry of a prior order, except upon a prima facie showing that the real property benefitted by the private road has been developed or divided in a manner rendering the plan of maintenance obsolete or showing that the existing apportionment of the use and benefit to residences benefitted by the access to the private road is no longer equitable.
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(L. 2012 H.B. 1103)
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.