Effective - 28 Aug 1939
244.130. Penalty for obstructing ditch — inspection of lands without owner's consent. — 1. Any person or persons, copartnership or corporation willfully filling up or obstructing or impairing the usefulness of any ditch, tile or levee constructed under the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction therefor shall be fined in a sum not less than fifty dollars nor more than two hundred dollars for each and every offense, or such person or persons, or the agent or agents of the copartnership or corporation responsible for such damage or injury having been wrought, may be confined in the county jail not less than thirty days nor more than six months.
2. The owner or owners of the land desired to be drained shall have the right to go upon or send an engineer or surveyor upon the land through or upon which the ditch, tile or levee is to be built, without first obtaining consent from the owner or owners of such land, for the purpose of making measurements, running levels and obtaining other information to be used in forming conclusions pertaining to the slope of the land, length of the improvements and proper location of the same; provided, that notice of the purpose and intention of such act be first given in writing to the owner of the land through or across which the works are to be constructed.
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(RSMo 1939 § 12467)
Prior revisions: 1929 § 10877; 1919 § 4572; 1909 § 5670
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.