Effective - 28 Aug 1990
243.050. County commission to appoint engineer and viewers — qualifications and duties. — 1. When such petition and bond has been filed and the bond approved, the county commission shall without delay appoint a competent civil and drainage engineer, who may be an individual, copartnership or corporation, and three persons as viewers, who shall be persons residing within the state of Missouri, and who shall not be landowners in the proposed district nor of kin within the fourth degree of consanguinity to any person owning land within the boundary line set forth in such petition. A majority of the viewers shall constitute a quorum and shall control in all matters. They shall subscribe an oath to faithfully discharge their duties as such viewers and engineer and to make a true report of the work done and the facts by them ascertained.
2. They shall proceed at once under the direction of an order of the county commission, certified by the clerk thereof, to view the location of the proposed ditch or improvement and the premises along and adjacent thereto. If they find that the proposed improvement is necessary, practicable and would be of public utility or conducive to the public health, convenience or welfare, they shall so report and in said report they shall indicate approximately the proper character, dimension, location and probable cost of the improvement necessary to accomplish the object of said petition and if necessary to determine the above facts the engineer may employ assistants and make surveys and with the approval of the county commission he may employ a consulting engineer or secure expert advice and the expense shall be taxed as expenses under the petition.
3. They shall also ascertain and report what land or other property, if any, adjacent to the proposed drainage district will be benefitted by the proposed improvement and shall prepare and submit as a part of their report a description of such lands or other property with the names of the owners thereof when the same can be ascertained by reasonable diligence and shall also set forth the boundary line of such proposed drainage district so as to include the additional land or other property. They shall report their findings in writing with such maps, profiles and drawings as are necessary to advise the county commission in the premises and shall promptly file the same with the county clerk.
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(RSMo 1939 § 12401, A.L. 1990 H.B. 1070)
Prior revisions: 1929 § 10812; 1919 § 4480; 1909 § 5580
Structure Missouri Revised Statutes
Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply
Chapter 243 - Drainage Districts Organized in County Commission
Section 243.010 - Definitions.
Section 243.020 - County commission authorized to organize drainage districts.
Section 243.030 - Petition to be filed — bond required.
Section 243.040 - County commission to appoint counsel.
Section 243.050 - County commission to appoint engineer and viewers — qualifications and duties.
Section 243.060 - Time of hearing to be published — form of notice.
Section 243.070 - Remonstrance may be filed — judgment, effect.
Section 243.075 - Dissolution of district, when, how.
Section 243.080 - Location of improvement — report to contain data as to cost.
Section 243.090 - Report to be filed, when — landowners may be heard — vacancies, how filled.
Section 243.100 - Limitations for assessment of benefits.
Section 243.110 - Notice of filing of report to be published — form.
Section 243.130 - Condemnation of additional land.
Section 243.140 - Lands lying outside district may be annexed, when — proceedings.
Section 243.150 - Taxes to be levied against county-owned swamplands, how paid.
Section 243.160 - Authority to complete improvements in county commission — powers of procedure.
Section 243.170 - District engineer to be appointed — duties — bond required.
Section 243.210 - Provisions of this chapter applicable to old channels or sloughs.
Section 243.230 - County commission procedure after hearing.
Section 243.240 - County commissions to maintain efficiency and have management and control.
Section 243.250 - Lateral ditches — drains — may be connected — provisions — penalty for violation.
Section 243.260 - Districts may contract with other districts for outlets — costs determined, how.
Section 243.270 - Drainage district may contract to furnish drainage for cities and towns.
Section 243.280 - Equipment may be leased or rented — provisions.
Section 243.290 - County commission to levy tax to pay preliminary expense.
Section 243.310 - Permanent drainage tax record shall be kept — method — additional levies.
Section 243.320 - Public roads and railroads to pay benefits.
Section 243.340 - Privilege to pay drainage tax in full.
Section 243.350 - Apportionment of annual installments — drainage tax book, form — taxes due, when.
Section 243.360 - Drainage tax — collector to furnish bond.
Section 243.380 - Surplus funds, how used.
Section 243.390 - Drainage district bonds — provisions for issuance.
Section 243.400 - County commission authorized to pledge bonds — manner.
Section 243.410 - County treasurer to be custodian of district funds — duties.
Section 243.420 - Fees for services.
Section 243.430 - Claims for fees, how paid.
Section 243.440 - Drainage proceedings to be recorded — method.
Section 243.460 - Notice to be published — form — jurisdiction of circuit court.
Section 243.470 - Objections to petition for consolidation may be filed — proceedings.
Section 243.480 - Failure or refusal of official to perform duty — penalty.
Section 243.490 - County collector liable, when — penalty.
Section 243.500 - Validity of bonds issued unquestionable.
Section 243.510 - Suits to be brought in name of state.
Section 243.520 - Appeals — procedure.
Section 243.530 - Chapter declared remedial in character and purpose.
Section 243.540 - Penalty for violation of provisions of chapter.