Effective - 28 Aug 1945
244.040. Duties of commissioners. — Within twenty days after so qualifying, unless prevented by sickness or some other good cause, said commissioners shall proceed to view the premises and perform their duties. They shall be furnished by the clerk of the circuit court a copy of the plat of the land and proposed improvements filed with the petition under the provisions of section 244.020. They shall mark out the most practical route and location of the ditch, tile or levee, and they shall assess the benefits and damages, if any, that will accrue to each tract or parcel of land, according to ownership, because of the proposed works; they shall specify the number of crossings, if any, that will be needed for the use and convenience of the public or owners of the land to be affected by the proposed works, and they shall make such recommendations as they may consider necessary for the use of the circuit court in deciding the cause. They shall make out their report in writing and after the same shall have been signed by at least two of said commissioners, it shall be filed in the office of the circuit clerk. Said commissioners may employ an engineer or surveyor to run levels, make measurements and obtain such other information as said commissioners may deem necessary to assist them in their work.
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(RSMo 1939 § 12458, A.L. 1945 p. 852)
Prior revisions: 1929 § 10868; 1919 § 4563
Structure Missouri Revised Statutes
Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply
Chapter 244 - Private Drainage Rights
Section 244.010 - Drainage for agricultural or sanitary purposes.
Section 244.020 - Disagreement on drainage methods — petition circuit court.
Section 244.030 - Filing of objections — hearing by court — appointment of commissioners.
Section 244.040 - Duties of commissioners.
Section 244.050 - Notification of commissioners' report — filing of objections.
Section 244.060 - Confirmation or rejection of report — payment of costs.
Section 244.070 - Limitation on improvements — dismissal of case, when.
Section 244.080 - Appeals from circuit court decision.
Section 244.090 - Disagreement on manner of construction — petition circuit court.
Section 244.100 - Rights of owners after construction.
Section 244.110 - Compensation — appointment of special commissioners and surveyor.
Section 244.120 - Amendment of petition — rights of landowner.
Section 244.130 - Penalty for obstructing ditch — inspection of lands without owner's consent.