Effective - 28 Aug 1985
242.260. Commissioners to inspect district and assess benefits and damages — file report. — 1. Within thirty days after qualifying, as provided for in section 242.250, the commissioners shall begin their duties. They may at any time call upon the attorney of the district for legal advice and information relative to their duties, and the chief engineer or one of his assistants shall accompany the commissioners at all times and render his opinion in writing when called for.
2. The commissioners shall proceed to view the premises and determine the value of all land and other property, within or without the district, to be acquired and used for rights-of-way, holding basins or other works set out in the plan for reclamation. They shall assess the amount of benefits, and the amount of damages, if any, that will accrue to each governmental lot, forty-acre tract or other subdivision of land according to ownership, public highways, railroad and other rights-of-way, railroad roadways and other property from carrying out and putting into effect the plan for reclamation heretofore adopted.
3. The commissioners in assessing the benefits to lands, public highways, railroad and other rights-of-way, railroad roadways and other property not traversed by such works and improvements as provided for in the plan for reclamation, shall not consider what benefits will be derived by such property after other ditches, improvements or other plans for reclamation shall have been constructed, but they shall assess only such benefits as will be derived from the construction of the works and improvements set out in the plan for reclamation, or as the same may afford an outlet for drainage or protection from overflow of such property. The commissioners shall give due consideration and credit to any other drains, ditch or ditches, levee or levees or other systems of reclamation which may have already been constructed and which afford partial or complete protection to any tract or parcel of land in the new district. The public highways, railroad and other rights-of-way, roadways, railroad and other property shall be assessed according to the increased physical efficiency and decreased maintenance cost of roadways by reason of the protection to be derived from the proposed works and improvements. The commissioners shall have no power to change the plan for reclamation heretofore provided for.
4. The board of commissioners shall prepare a report of their findings, which shall be arranged in tabular form, the columns of which shall be headed as follows: Column one, "owner of property assessed"; column two, "description of property assessed"; column three, "number of acres assessed"; column four, "amount of benefits assessed"; column five, "number acres taken for right-of-way"; column six, "value of property taken"; column seven, "damages".
5. They shall also by and with the advice of the engineer of the district estimate the cost of works set out in the plan for reclamation, which estimates shall include the cost of property required for rights-of-way, holding basins and other works and damages, and the probable expenses of organization and administration, as estimated by the board of supervisors, and shall tabulate the same. The report shall be signed by at least a majority of the commissioners and filed in the office of the circuit clerk of the court organizing the drainage district.
6. The secretary of the board of supervisors, or his deputy, shall accompany the commissioners while engaged in their duties, and shall perform all clerical work of the board; he shall also, under the advice, supervision and direction of the attorney for the district, prepare their report.
7. The board of commissioners shall report to the board of supervisors the number of days each had been employed and the actual expenses incurred. Each commissioner shall be paid an amount set by the court for each day for his services, and necessary expenses in addition thereto.
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(RSMo 1939 § 12336, A.L. 1985 H.B. 378)
Prior revisions: 1929 § 10755; 1919 § 4390; 1909 § 5516
Structure Missouri Revised Statutes
Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply
Chapter 242 - Drainage Districts Organized in Circuit Court
Section 242.010 - Owner defined — delegation of representation and voting rights.
Section 242.020 - Formation of drainage districts.
Section 242.030 - Notice of application — form.
Section 242.040 - Objections — procedure.
Section 242.050 - Annexation of land to organize district.
Section 242.060 - Consolidation of adjacent districts.
Section 242.070 - Reorganization of districts.
Section 242.080 - Reorganized districts — articles of association.
Section 242.090 - Notice of reorganization hearing — form.
Section 242.100 - Procedure after notice of reorganization.
Section 242.110 - Records and funds delivered to secretary of board.
Section 242.120 - Liability of reorganized district — consolidation.
Section 242.130 - Extending time of corporate existence.
Section 242.140 - Drainage district may be dissolved, when.
Section 242.150 - Election of board of supervisors.
Section 242.160 - Election of supervisors — electors.
Section 242.170 - Vacancy resulting from void election — how filled.
Section 242.180 - Supervisors to take oath.
Section 242.190 - Supervisors — powers and duties.
Section 242.200 - Board to elect president and secretary — report — compensation.
Section 242.210 - Secretary-treasurer of board — annual audit — warrants, form.
Section 242.220 - Chief engineer and assistants — appointment — duties.
Section 242.240 - Filing of reclamation report — appointment of commissioners.
Section 242.250 - Organization of commissioners — duties of secretary of board of supervisors.
Section 242.260 - Commissioners to inspect district and assess benefits and damages — file report.
Section 242.270 - Notice of commissioners' report — form — publication.
Section 242.280 - Exceptions heard and determined by circuit court — procedure.
Section 242.290 - Court to declare corporation dissolved — costs not to exceed benefits.
Section 242.300 - Decree or order of court may be amended or changed.
Section 242.310 - Amendment of plan of reclamation procedure — appointment of commissioners.
Section 242.320 - Assessed damages paid before appropriating land.
Section 242.340 - Board of supervisors may amend plan for reclamation — limitations.
Section 242.350 - Bridges over drainage works — how built or enlarged.
Section 242.360 - Embankments to be raised at expense of owner.
Section 242.370 - Existing drains may be connected.
Section 242.380 - Board may appoint overseers — duties.
Section 242.390 - Board of supervisors to employ attorney — duties.
Section 242.400 - Board to provide for compensation of employees and fees of officers.
Section 242.410 - Board may remove any officer or employee.
Section 242.420 - Board to keep record of proceedings.
Section 242.430 - Tax levied by board for cost of organization.
Section 242.440 - Cost of organization, how paid.
Section 242.460 - Levy of annual installment of tax — form of tax certificate.
Section 242.470 - Additional drainage tax levy, when.
Section 242.480 - Issuance and payment of bonds — treasurer, duties.
Section 242.485 - Additional bond issue authorized, when — form of ballot.
Section 242.490 - Levy of maintenance tax — procedure.
Section 242.492 - Processing fee authorized for certain assessed tracts, amount.
Section 242.500 - Petition for reassessment of benefits — appointment of commissioners.
Section 242.502 - Supervisors to levy tax on readjusted benefits — levy, how determined.
Section 242.504 - Supervisors may issue bonds, limitation on.
Section 242.506 - Supervisors may levy new tax — procedure.
Section 242.510 - Districts organized prior to April 8, 1905 — tax levy.
Section 242.520 - Districts organized prior to April 8, 1905 — limitation on indebtedness.
Section 242.530 - Districts formed prior to April 8, 1905, may proceed as heretofore.
Section 242.540 - Collection of drainage tax.
Section 242.550 - Collector — failure to pay tax, penalty.
Section 242.560 - Current and delinquent taxes — collection — procedure.
Section 242.570 - Payment of drainage tax — procedure.
Section 242.580 - Drainage tax, when delinquent — penalty.
Section 242.590 - Drainage tax to constitute a lien — certification of drainage tax record.
Section 242.600 - Suits for taxes — evidence — procedure.
Section 242.610 - Action instituted against whom — notice filed, effect.
Section 242.620 - Protection of drainage district lien.
Section 242.630 - Unpaid warrants to draw interest.
Section 242.640 - Surety bonds payable to district.
Section 242.650 - Change of venue limitation.
Section 242.660 - Action not to abate by reason of death of party.
Section 242.670 - Limited appeal from assessments.
Section 242.680 - Existing rights not affected by sections 242.010 to 242.690.
Section 242.690 - Prior remedies not impaired by sections 242.010 to 242.690.
Section 242.692 - Major district and minor district defined.
Section 242.694 - Petition for annexation by minor district — service.
Section 242.699 - Construction — applicability.
Section 242.700 - Drainage district may be formed on land containing mineral deposits.
Section 242.710 - Reclamation of mineralized lands.
Section 242.720 - Survey and reclamation plan — how made — exceptions.
Section 242.730 - Pumping tax — levy, collection and use — contracts with landowners.