Effective - 28 Aug 1949
236.180. Privilege to erect subject to certain conditions. — The judgment and order authorized by sections 236.160 and 236.170, and the rights and privileges thereby granted, shall, in all cases, be upon and subject to the conditions following:
(1) Such conditions in reference to the obstructions to the passage of fish and ordinary navigation, as the court shall think proper to impose;
(2) That all damages and valuations assessed and made by the jury shall be paid;
(3) That the dam and mills, electric power and light works, or other machinery, shall be commenced within one year, and finished and ready for business within three years from the date of the order of permission;
(4) That whenever the dam or mill, electric power and light works, or other machinery, shall be destroyed or materially impaired, the same shall be built or repaired within three years thereafter; but if the owner of such dam or mill, electric power and light works, or other machinery, shall be an infant, or of unsound mind, or imprisoned at the time such dam or mill, electric power and light works, or other machinery, shall be destroyed or materially impaired, then within three years after such disability is removed.
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(RSMo 1939 § 10303, A. 1949 S.B. 1080)
Prior revisions: 1929 § 9174; 1919 § 7416; 1909 § 5473
CROSS REFERENCE:
Dam owners to maintain fishways--fish hatchery in lieu of fishway, 252.150
Structure Missouri Revised Statutes
Title XIV - Roads and Waterways
Chapter 236 - Dams, Mills and Electric Power
Section 236.010 - Dams across nonnavigable streams — who may erect.
Section 236.020 - Owner of land on one side of stream may erect dam.
Section 236.030 - Petition to be filed in circuit court — contents.
Section 236.040 - Additional information to be set out.
Section 236.050 - Petition, where filed.
Section 236.060 - Writ of ad quod damnum.
Section 236.070 - Duty of sheriff in executing writ.
Section 236.080 - Acre of ground to be set apart, when.
Section 236.090 - Proprietor to be notified of the inquest.
Section 236.100 - Sheriff and jury may act in adjoining county.
Section 236.110 - Inquest to be in writing.
Section 236.120 - Proceedings on return of inquest.
Section 236.130 - Issues to be tried as in civil cases.
Section 236.140 - Costs, how adjudged.
Section 236.150 - Court may order new writ.
Section 236.160 - Court may enter order to erect dam, when.
Section 236.170 - Court shall include in its order, what.
Section 236.180 - Privilege to erect subject to certain conditions.
Section 236.190 - Land decreed for mill privileges to revert, when.
Section 236.200 - Height of dam, how increased.
Section 236.210 - Inquest not to bar right of action, when.
Section 236.220 - Power of court to prevent erection of dam.
Section 236.230 - Dams without chutes declared nuisances.
Section 236.240 - Dams deemed public nuisances, when.
Section 236.250 - Forfeiture of rights, when.
Section 236.255 - Dam reconstructed and maintained when used for other purposes.
Section 236.260 - Privilege to construct dam to cease, when.
Section 236.270 - Penalty for building without permission.
Section 236.280 - Right to divert stream through tunnel — conditions.
Section 236.400 - Definitions.
Section 236.405 - Employment of engineer and assistants — records — rulemaking, procedure.
Section 236.420 - Inspection of dams and reservoirs, when — report on conditions.
Section 236.425 - Chief engineer's duties — search warrants — council to hear certain appeals.
Section 236.430 - Employees, council to provide for.
Section 236.445 - Permit may be suspended — alteration or removal may be required — violation.
Section 236.450 - Removal or repair of abandoned dam — recovery of expenses.
Section 236.455 - Emergency action authorized.
Section 236.460 - Transfer of ownership, notice required.
Section 236.470 - Conduct of hearings — subpoenas — approval of final orders.
Section 236.475 - Immunity of officers.
Section 236.485 - Water rights preserved.
Section 236.490 - Enforcement of act.
Section 236.495 - Legal actions for enforcement available, procedure.