Effective - 28 Aug 2004
245.015. Owners may form levee district, where — articles of incorporation to be filed in circuit court. — 1. The owners of a majority of the acreage in any contiguous body of swamp, wet or overflowed land or other property in the nature of individual or corporate franchises in this state, or land subject to overflow, wash or bank erosion, located in one or more counties or in any city, town, or village in this state not located within any county with a charter form of government and with more than two hundred fifty thousand but less than three hundred fifty thousand inhabitants, or in any city, town, or village of the third or fourth classification in this state which is located within any county with a charter form of government and with more than two hundred fifty thousand but less than three hundred fifty thousand inhabitants, may form a levee district for the purpose of having such land and other property reclaimed and protected from the effects of overflow and other water, for sanitary or agricultural purposes, or from the effect of wash or bank erosion, or when the same may be conducive to the public health, convenience or welfare, or of public utility or benefit, by levee, or otherwise, and for that purpose they may make and sign articles of association in which shall be stated: the name of the district, and the number of years the same is to continue; the boundary lines of the proposed levee district; the names as listed on the county assessor's records of the owners of land or other individual or corporate franchise property in such district, together with a plat of the district showing the lands to be covered in the district; such articles shall further state that the owners of real estate and other such property within the district whose names are subscribed to such articles are willing to and do obligate themselves to pay the tax or taxes which may be assessed against their respective lands or other property to pay the expense of organizing, and of making and maintaining the improvements that may be necessary to effect the reclamation or protection of such lands or other such property, so formed into a levee district, and to reclaim and to protect the same from the effects of overflow and other water, or from bank erosion or wash, and the articles of association shall contain a petition praying that the lands and other property described therein be declared a levee district under the provisions of this law. After the articles of association and petition have been so signed the same shall be filed in the office of the circuit clerk of the county in which such lands and other property are located; or, if such lands and other property be composed of tracts or parcels located in two or more different counties then in the office of the clerk of the circuit court of the county in which more of such lands and other property are located than in any other county; provided, that in the event any work is to be done upon any navigable stream, the consent of the federal government shall be obtained to make such improvement or improvements before the actual work on the improvements shall be begun.
2. The* modifications to this section, as enacted by the ninety-second general assembly, second regular session, shall not be construed to enhance or limit the current law, and any interpretation thereof, with regard to where a levee district may or may not be formed within any county with a charter form of government and with more than two hundred fifty thousand but less than three hundred fifty thousand inhabitants nor any city, town, village, or other political subdivision contained therein.
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(RSMo 1939 § 12492, A.L. 1947 V. II p. 226, A.L. 1965 p. 381, A.L. 1994 S.B. 600 merged with S.B. 633, A.L. 2004 H.B. 795, et al. merged with H.B. 1207)
*Word "Any" appears in original rolls of H.B. 1207, 2004.
Structure Missouri Revised Statutes
Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply
Section 245.010 - Definitions.
Section 245.020 - Circuit clerk to give notice by publication — form of notice — mailing required.
Section 245.030 - Adjacent districts may consolidate — petition, hearing and decree.
Section 245.035 - Time of corporate existence may be extended.
Section 245.040 - Districts may reorganize.
Section 245.050 - Notice of reorganization hearing.
Section 245.060 - Election of board of supervisors — term of office.
Section 245.075 - Supervisors to take oath.
Section 245.080 - Organization of board — to make annual report — compensation.
Section 245.095 - Powers and duties of supervisors.
Section 245.100 - Chief engineer appointed — duties.
Section 245.115 - Organization of board of commissioners.
Section 245.130 - Exceptions to commissioners' report heard and determined.
Section 245.135 - Court to declare corporation dissolved if costs exceed benefits.
Section 245.140 - Plan of reclamation may be changed — procedure.
Section 245.145 - Damages assessed must be paid before appropriating land.
Section 245.150 - Board to construct works — may let contracts for construction.
Section 245.160 - Board to employ attorney.
Section 245.165 - Board to keep record of proceedings — open to inspection.
Section 245.170 - Board to provide for compensation of employees and fees of officers.
Section 245.175 - Board to levy tax to pay cost of organization.
Section 245.185 - Annual installment of tax to be levied — when due — form of certificate of tax.
Section 245.190 - Board may make additional levy of tax.
Section 245.195 - Board may levy maintenance tax — unprotected lands not taxable.
Section 245.196 - Annual benefit fee, how levied, amount.
Section 245.198 - Tax levy, when — emergency levy of ten percent.
Section 245.199 - Additional bonds authorized when — how issued.
Section 245.210 - Levee tax delinquent December thirty-first — penalty.
Section 245.220 - Tax book to be prima facie evidence — suits for taxes brought in circuit court.
Section 245.225 - Suits and notices to be filed in recorder's office against last record owners.
Section 245.230 - Board may issue bonds — how funds are to be used.
Section 245.235 - Unpaid warrants to draw interest.
Section 245.240 - Surety bonds to be made payable to district.
Section 245.245 - Board to appoint inspectors — duties and powers of inspectors.
Section 245.255 - Change of venue.
Section 245.260 - Action not to abate by reason of death of party.
Section 245.265 - Appeal not to act as supersedeas.
Section 245.270 - Liability of reorganized district.
Section 245.275 - Procedure in dissolving levee district.
Section 245.280 - Sections construed — existing rights not to be affected.
Section 245.290 - County commissions may establish levee districts.
Section 245.295 - Districts may be formed at regular meetings of governing body.
Section 245.300 - Notice to be given — mailing required.
Section 245.305 - Lands subject to overflow may be included in levee district.
Section 245.310 - Extending levees and levee districts.
Section 245.315 - Existing levee districts may organize under this law.
Section 245.320 - Change of organization to be submitted to an election.
Section 245.325 - Simple majority to decide election.
Section 245.330 - Effect of reorganization of old districts.
Section 245.335 - Board of directors of levees appointed by county commission.
Section 245.340 - Oath of directors.
Section 245.345 - Board to organize.
Section 245.350 - Majority of board a quorum.
Section 245.355 - Duties of president and secretary.
Section 245.360 - Pay of directors.
Section 245.365 - Board to determine what work is necessary.
Section 245.370 - Work to be let to lowest bidder.
Section 245.375 - Contractors to give bond.
Section 245.380 - Board to supervise work.
Section 245.385 - Board to secure right-of-way.
Section 245.390 - Board to act with United States agencies.
Section 245.395 - Board to publish statement of work done.
Section 245.400 - Board may change location of levee.
Section 245.405 - Levees may be used as roadbeds and roadbeds may be used as levees.
Section 245.410 - Duty of railroads, when levee passes along embankment.
Section 245.415 - Railroads to continue levee.
Section 245.430 - Private roadways to have approaches.
Section 245.445 - Board to assess levee fund tax.
Section 245.450 - Assessment of overflowed lands.
Section 245.455 - Lands to be entered on book for that purpose.
Section 245.460 - Levee assessment books returned to whom — meeting of landowners.
Section 245.465 - County board of equalization to have jurisdiction over lands.
Section 245.470 - Landowners to determine work to be done.
Section 245.475 - Board to order rate percent levee assessment — annual installment payments.
Section 245.480 - Additional taxes for enlarging and strengthening levee.
Section 245.485 - Additional tax may be ordered when costs exceed estimates.
Section 245.490 - Board may borrow money.
Section 245.495 - Board may issue warrants.
Section 245.500 - Form of warrants.
Section 245.505 - Sinking fund moneys may be invested.
Section 245.515 - County treasurer to be treasurer of board.
Section 245.520 - Compensation of engineers and other officers and employees.
Section 245.525 - Herding livestock on levee prohibited.
Section 245.530 - Penalty for failure of road overseers to keep road crossings in repair.
Section 245.540 - Commissions may appropriate swamplands.
Section 245.545 - Circuit judge to give penal sections in charge to grand jury.