Effective - 28 Aug 1941
233.175. Petitions — notice — remonstrances, order of county commission. — 1. Whenever a petition, signed by the owners of a majority of the acres of land within a district proposed to be organized, and setting forth the proposed name of the district, and giving the boundaries thereof and the number of acres owned by each signer of such petition, and the whole number of acres embraced therein, and the names of other owners of land within such boundaries so far as known, and the number of acres owned by each so far as known, and praying for the organization of a public road district in accordance with sections 233.170 to 233.315, shall be filed in the office of the clerk of the county commission thirty days before the beginning of the next regular term of said commission, the said clerk shall give notice by at least three publications in some weekly newspaper printed in the county and by at least five handbills put up at public places within the district of the presentation of said petition, and of the date of the beginning of the next regular term of the county commission at which the same may be heard. Said notices shall contain the names of at least three signers of said petition and set out the boundaries of said proposed district, and shall notify all owners of land in the then existing district who may desire to oppose the formation thereof to appear on the first day of such regular term of the county commission and file their written remonstrance thereto.
2. All landowners owning land in the then existing district may join in one remonstrance, or each such owner may file his separate remonstrance, and each remonstrance shall be in writing, and shall state specifically and separately the objection or objections of the remonstrators to the formation of such proposed road district, and shall be filed in said county commission with the clerk thereof on or before the first day of said regular term.
3. On the first day of said term of the county commission, or as soon thereafter as its business will permit, the county commission shall hear such petition and remonstrance, and shall make any change in the boundaries of such proposed district as the public good may require and make necessary, and if after such changes are made it shall appear to the county commission that such petition is signed or in writing consented to by the owners of a majority of all the acres of land within the district as so changed, the county commission may, if in its discretion it finds that the public good will be benefitted, make an order incorporating such public road district, and such order shall set out the boundaries of such district as established. If no remonstrance shall have been filed, or all remonstrances filed are overruled by the county commission, the commission shall determine whether such petition has been signed by the owners of a majority of the acres of land in the district, and if so, shall make an order incorporating the district with the boundaries given in the petition, or with such boundaries as may be set forth in an amended petition signed by the owners of a majority of the acres of land affected thereby; and such amended petition may be filed at any time before the making of the order establishing a road district, but the boundaries proposed for the district shall not be so changed as to embrace any land not included in the notice given by the clerk unless the owner thereof shall in writing consent thereto, or shall appear at the hearing, and is notified in an open meeting of the county commission of such fact and given an opportunity to file or join in a remonstrance.
4. Whenever an order is so made incorporating a public road district such district shall thereupon become, by the name mentioned in such order, a political subdivision of the state for governmental purposes with all the powers mentioned in this section and such others as may be conferred by law.
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(RSMo 1939 § 8711, A.L. 1941 p. 529)
Prior revisions: 1929 § 8062; 1919 § 10834; 1909 § 10612
Structure Missouri Revised Statutes
Title XIV - Roads and Waterways
Chapter 233 - Incorporated Road Districts
Section 233.015 - Adoption of special road district law — election.
Section 233.025 - Powers of special road districts.
Section 233.030 - General road law — exceptions.
Section 233.035 - Duty of county clerk after adoption.
Section 233.050 - Board of commissioners of special road district to organize.
Section 233.055 - Treasurer of board.
Section 233.060 - Compensation of board.
Section 233.065 - Board to meet monthly — proceedings.
Section 233.075 - Powers of board.
Section 233.080 - Board to make and file plat of roads.
Section 233.085 - Tools, machinery, delivered to board.
Section 233.090 - Board may sell property of district.
Section 233.095 - Expenditures on municipal streets within district — amounts — conditions.
Section 233.100 - May repair, grade, gravel, pave or macadamize any road in district.
Section 233.103 - No limit on amounts spent within cities (Clay and Platte counties).
Section 233.110 - Board may plant shade trees — erect signboards.
Section 233.115 - Board may build bridges.
Section 233.120 - Disposition of proceeds from certain city licenses.
Section 233.125 - Disposition of proceeds from certain county licenses.
Section 233.135 - Issuance of check warrants.
Section 233.140 - Check warrant shall bear interest if not paid when presented for payment.
Section 233.145 - Records of board.
Section 233.150 - Annual report of receipts and disbursements.
Section 233.160 - Dissolution of special road district — procedure.
Section 233.165 - Dissolved district — tax levy to pay indebtedness.
Section 233.170 - County commissions may form districts.
Section 233.175 - Petitions — notice — remonstrances, order of county commission.
Section 233.177 - Election to establish road district, procedure — ballot language.
Section 233.180 - Commissioners of the special road district, how selected.
Section 233.185 - Commissioners of special road district shall organize — when — how.
Section 233.205 - Petitions for road improvement — proceedings.
Section 233.210 - Protests and objections considered by commission — order of commission.
Section 233.215 - Special tax — how apportioned.
Section 233.220 - Tracts of land regarded within same distance as major portion.
Section 233.225 - Special tax payable in one installment — special tax bills.
Section 233.230 - Special tax may be paid in installments — interest — special assessments.
Section 233.235 - Special tax bills — issuance — form — collection.
Section 233.240 - Suits to foreclose liens of special tax bills.
Section 233.245 - Owner of land may elect to pay in one installment.
Section 233.250 - Special assessment bonds to be issued.
Section 233.255 - Sale of bonds — payment — application of proceeds of bonds and special tax bills.
Section 233.260 - Cost of improvements — estimate.
Section 233.265 - Partial payments of special tax bills — correction of errors.
Section 233.270 - Contracts for improvement.
Section 233.275 - Title to lands — how considered.
Section 233.280 - Compensation of collector, county clerk and commissioners of road districts.
Section 233.285 - Law not to affect road districts incorporated prior to effective date.
Section 233.300 - Contracts not affected by disincorporation.
Section 233.305 - Appointment of trustee.
Section 233.310 - Trustee, duties of.
Section 233.315 - Final settlement of trustee.
Section 233.317 - Expansion or extension of a road district, procedure — ballot language.
Section 233.320 - Special road districts — organized how — by whom.
Section 233.325 - Petitions — notice — remonstrances — order of county commission.
Section 233.335 - Commissioners of special road district shall organize — when — how.
Section 233.350 - Petitions for road improvement — proceedings.
Section 233.360 - Special tax — how apportioned.
Section 233.365 - Tracts of land regarded within same distance as major portion.
Section 233.370 - Special tax payable in one installment — special tax bills.
Section 233.375 - Special tax payable in installments — interest — special assessments.
Section 233.380 - Special tax bills — issuance — form — collection.
Section 233.385 - Suits to foreclose liens of special tax bills.
Section 233.390 - Special assessment bonds to be issued.
Section 233.395 - Sale of bonds — payment — application of proceeds of bonds and special tax bills.
Section 233.400 - Partial payments of special tax bills — correction of errors.
Section 233.405 - Contracts for improvements.
Section 233.410 - Title of lands — how considered.
Section 233.415 - State roads — cost of improving and upkeep — how paid.
Section 233.425 - Dissolution of road district — petition — notice.
Section 233.430 - Contracts not affected by disincorporation.
Section 233.435 - Appointment of trustee.
Section 233.440 - Trustee, duties of.
Section 233.445 - Final settlement of trustee.
Section 233.460 - Form of ballot.
Section 233.465 - Bonds to be sold, when — how.
Section 233.470 - Certain sections not to apply, when.
Section 233.500 - Establishment authorized — boundaries of subdistrict.
Section 233.505 - Commissioners, appointment of, terms — requirements — vacancies.
Section 233.507 - Officers, election of, duties — meetings, conduct of.