Effective - 28 Aug 1939
248.100. Right-of-way through private property — proceedings. — 1. If, in the judgment of the board of trustees, it is necessary to acquire rights-of-way or easements for drainage purposes through private property, it shall, by ordinance duly certified, call upon the authority of the city or county having the right to cause the condemnation of private property for public use, to procure such rights-of-way or easements by due process of law; or said board may obtain the same by purchase, gift or otherwise. All costs of proceedings and damages allowed shall be paid out of the special drainage fund in the treasury of the city or county in which the property taken is situated.
2. The board of trustees of such drainage district, if it be necessary to cross, follow or traverse public streets, roads or alleys, or grounds held or used as public parks or places, shall have the right to do so upon the following conditions: The board of trustees shall file with the county commission or mayor of the city having immediate jurisdiction over the street, road, alley or public park or place, a map showing the location and extent of the proposed occupancy for drainage purposes and a plan of the proposed works, which plan shall be so made and arranged as not to interfere with the ordinary and lawful use of said street, road, alley, public park or place, except during a reasonable time for the construction of the necessary works said map and plan to be subject to approval by the county commission or mayor of the city.
3. The entire expense of the works and restoration of the ground occupied to its former condition, as near as may be, shall be borne by the sanitary district.
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(RSMo 1939 § 12483)
Prior revisions: 1929 § 10893; 1919 § 4588; 1909 § 5694
Structure Missouri Revised Statutes
Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply
Chapter 248 - Sanitary Drainage Districts — Cities Over 300,000 Inhabitants and Adjoining Counties
Section 248.020 - Sanitary district — commission to determine boundaries, general provisions.
Section 248.030 - Report of commissioners.
Section 248.040 - Election on organization of sanitary district.
Section 248.050 - General powers of district — judicial notice — costs of proceedings.
Section 248.060 - Procedure where drainage area is in two counties — what court has jurisdiction.
Section 248.070 - Trustees — appointment — removal — employees.
Section 248.080 - Powers of board.
Section 248.090 - Surveys and plans — adoption thereof.
Section 248.100 - Right-of-way through private property — proceedings.
Section 248.110 - Bids for work contracts.
Section 248.120 - Special drainage tax — drainage fund.
Section 248.130 - Issuance of bonds — sinking fund — appeal.
Section 248.140 - Issuance of vouchers, for what purposes.
Section 248.150 - Who may construct sewers and drains — plans approved by trustees.
Section 248.160 - Sanitary drainage of subdistrict — special tax bills.
Section 248.170 - Trustees may accept sewers or drains constructed by private persons.
Section 248.180 - Board of trustees to cease to exist, when.