233.295. Dissolution of road district--petition--notice--disincorporation of district (Christian, Jasper and Barry counties).
Dissolution of road district--petition--notice--disincorporation ofdistrict (Christian, Jasper and Barry counties).
233.295. 1. Whenever a petition, signed by the owners of a majorityof the acres of land, within a road district organized under the provisionsof sections 233.170 to 233.315 shall be filed with the county commission ofany county in which such district is situated, setting forth the name ofthe district and the number of acres owned by each signer of such petitionand the whole number of acres in such district, the county commission shallhave power, if in its opinion the public good will be thereby advanced, todisincorporate such road district. No such road district shall bedisincorporated until notice is published in at least one newspaper ofgeneral circulation in the county where the district is situated for fourweeks successively prior to the hearing of such petition.
2. In any county with a population of at least thirty-two thousandinhabitants which adjoins a county of the first classification whichcontains a city with a population of one hundred thousand or moreinhabitants that adjoins no other county of the first classification,whenever a petition signed by at least fifty registered voters residingwithin the district organized under the provisions of sections 233.170 to233.315 is filed with the county clerk of the county in which the districtis situated, setting forth the name of the district and requesting thedisincorporation of such district, the county clerk shall certify forelection the following question to be voted upon by the eligible voters ofthe district:
Shall the ................................ incorporated road districtorganized under the provisions of sections 233.170 to 233.315, RSMo, bedissolved?
â ã YES â ã NO
If a majority of the persons voting on the question are in favor of theproposition, then the county commission shall disincorporate the roaddistrict.
3. The petition filed pursuant to subsection 2 of this section shallbe submitted to the clerk of the county no later than eight weeks prior tothe next countywide election at which the question will be voted upon.
4. Notwithstanding other provisions of this section to the contrary,in any county of the first classification with more than one hundred fourthousand six hundred but less than one hundred four thousand seven hundredinhabitants, any petition to disincorporate a road district organized undersections 233.170 to 233.315 shall be presented to the county commission orsimilar authority. The petition shall be signed by the lesser of fifty ora majority of the registered voters residing within the district, shallstate the name of the district, and shall request the disincorporation ofthe district. If a petition is submitted as authorized in this section,and it is the opinion of the county commission that the public good will beadvanced by the disincorporation after providing notice and a hearing asrequired in this section, then the county commission shall disincorporatethe road district. This subsection shall not apply to any road districtlocated in two counties.
5. Notwithstanding other provisions of this section to the contrary,in any county of the third classification without a township form ofgovernment and with more than thirty-four thousand but fewer thanthirty-four thousand one hundred inhabitants, any petition todisincorporate a road district organized under sections 233.170 to 233.315shall be presented to the county commission or similar authority. Thepetition shall be signed by the lesser of fifty or a majority of theregistered voters residing within the district, shall state the name of thedistrict, and shall request the disincorporation of the district. If apetition is submitted as authorized in this section, and it is the opinionof the county commission that the public good will be advanced by thedisincorporation after providing notice and a hearing as required in thissection, then the county commission shall disincorporate the road district.This subsection shall not apply to any road district located in twocounties.
6. Notwithstanding other provisions of this section to the contrary,in any county of the second classification with more than fifty-fourthousand two hundred but fewer than fifty-four thousand three hundredinhabitants, any petition to disincorporate a road district organized undersections 233.170 to 233.315 shall be presented to the county commission orsimilar authority. The petition shall be signed by the lesser of fifty ora majority of the registered voters residing within the district, shallstate the name of the district, and shall request the disincorporation ofthe district. If a petition is submitted as authorized in this section,and it is the opinion of the county commission that the public good will beadvanced by the disincorporation after providing notice and a hearing asrequired in this section, then the county commission shall disincorporatethe road district. This subsection shall not apply to any road districtlocated in two counties.
7. Notwithstanding other provisions of this section to the contrary,in any county, any petition to disincorporate a road district organizedunder sections 233.170 to 233.315 shall be presented to the countycommission or similar authority. The petition shall be signed by thelesser of fifty or a majority of the registered voters residing within thedistrict, shall state the name of the district, and shall request thedisincorporation of the district. If a petition is submitted as authorizedin this section, and it is the opinion of the county commission that thepublic good will be advanced by the disincorporation after providing noticeand a hearing as required in this section, then the county commission shalldisincorporate the road district. This subsection shall not apply to anyroad district located in two counties.
8. Notwithstanding other provisions of this section to the contrary,in any county, a petition to disincorporate a road district located in twocounties organized under sections 233.170 to 233.315 shall be presented tothe county commission or similar authority in each county in which the roaddistrict is located. Each petition shall be signed by the lesser of fiftyor a majority of the registered voters residing within the district andcounty, shall state the name of the district, and shall request thedisincorporation of the district. If a petition is submitted as authorizedin this section, and it is the opinion of the county commission in eachcounty in which the road district is located that the public good will beadvanced by the disincorporation after providing notice and a hearing asrequired in this section, then the county commission in each county inwhich the road district is located shall disincorporate the road district.A road district located in two counties shall not be disincorporated untilit is disincorporated in each county in which it is located.
(RSMo 1939 § 8731, A.L. 1994 H.B. 940, A.L. 2004 H.B. 895 merged with S.B. 769, A.L. 2005 H.B. 58 merged with S.B. 210)Prior revisions: 1929 § 8082; 1919 § 10853
(1955) Where some of signers of a petition to dissolve special road district (i.e. owners of sufficient land so that remaining petitioners did not own a majority of acres in the district) were denied permission to withdraw their names by trial court on appeal, trial court would not be prohibited from proceeding to determine appeal on ground court had no jurisdiction. State ex rel. Weston Spcl. Rd. Dist. v. Maughmer (A.), 275 S.W.2d 385.
(1956) Where one of three judges of county court signed petition for disincorporation of road district as property owner and assisted in circulating the petition, and then participated in the decision thereon, the order of disincorporation was invalid. In re Weston Benefit Road District of Platte Co. (A.), 294 S.W.2d 353.