233.350. Petitions for road improvement--proceedings.
Petitions for road improvement--proceedings.
233.350. 1. Whenever, in any road district so incorporateda petition signed by the owners of a majority of the acres of theland owned by residents of the county residing within thedistrict that is within one-half mile of a public road or a partof a public road in the district, is delivered to the presidentor secretary of the board of special road district commissionersof the district praying that such public road or part of a publicroad be permanently improved and the cost of the improvementassessed against all lands in the district, and stating thereinthe points between which the improvement is desired, and thenature and kind of improvement desired, and stating the number ofinstallments, not exceeding fifteen, in which they desire thatsuch cost be payable, said special road district commissionersshall procure, prepare, or cause to be prepared, a map of thedistrict and have such public road or part of a public roadindicated thereon, and shall prepare, or cause to be prepared, aprofile of such public road or part of public road, and plans andspecifications for the improvement of such roads or parts ofpublic roads and an estimate of the cost of making suchimprovements. Such map, profile and plan and specifications, ora copy thereof, and such estimate shall, upon the completionthereof, be submitted to the state highway engineer for approval,who shall approve the same or so revise them that they will meetwith his approval, or prepare such plans and specifications andestimate as will meet with his approval, and return to thecommissioners said map and profile, or a copy thereof, and suchplans and specifications and estimate of the cost of suchimprovements as he may prepare or approve.
2. And said special road district commissioners shall fix afair and impartial valuation on each tract of land within saiddistrict independent of the buildings thereon, and prepare a listof the lands within the district, and indicate in such list thevaluation so fixed upon each tract of land and what tracts liewithin one-half mile of said public road or a part of publicroad, and what tracts, if any, at a greater distance thanone-half mile and less than one mile, and what tracts, if any, ata greater distance than one mile and less than one and one-halfmiles, and what tracts, if any, at a greater distance than oneand one-half miles.
3. If said special road district commissioners cannot agreeupon the valuation to be so fixed upon any tract of land in thedistrict, they shall arrive at the value thereof by addingtogether the valuation placed thereon independent of thebuildings thereon by each of the special road districtcommissioners and dividing the total thereof by three.
4. Said special road district commissioners, upon completionof such list of lands, shall annex a certificate thereto thatthey believe the same to be correct, and they shall acknowledgeexecution of such certificate as deeds of real estate arerequired to be acknowledged; and upon completion of such list oflands, and annexing such certificate and receiving from the statehighway engineer plans and specifications prepared or approved byhim for the improvement of said public roads or part of a publicroad, and an estimate prepared or approved by him of the cost ofsuch improvements, the special road district commissioners shallfile such petition and said list of lands, and said map andprofile or copy thereof, and the plans and specifications andestimate prepared or approved by the state highway engineer, withthe clerk of the county commission, who shall thereupon givenotice, by at least two publications in some weekly newspaperpublished in the county, that said special road districtcommissioners have filed with him a petition, purporting to besigned by landowners residing within said district, forimprovement of a public road or a part of a public road in saiddistrict, and plans and specifications for such improvements andan estimate of the cost thereof, and a list of the lands in thedistrict in which is indicated the valuation fixed by them oneach tract of said lands independent of buildings thereon, andsuch notice shall state a day, not less than two weeks later thanthe date of the first publication of such notice, upon which thecounty commission will be in session and will consider protestsagainst such improvement and objections and exceptions to suchpetition and such list of lands and the valuation of thereinindicated. Should the county commission fail for any cause to bein session on the day stated in such notice, the clerk shall givea new notice appointing some other day for the consideration ofsuch protests, objections and exceptions.
(RSMo 1939 § 8844)Prior revisions: 1929 § 8184; 1919 § 10945