233.355. Protests and objections to be considered by the county commission--order of the county commission.
Protests and objections to be considered by the countycommission--order of the county commission.
233.355. 1. Anyone owning land within one-half mile of suchpublic road or part of public road may, at any time before theday the county commission, as stated in such notice, is toconsider protests, objections and exceptions, file with the clerkof the county commission written protest against the improvementsof said public road or part of public road. Such protest shallbe signed by the party protesting, and describe the land owned byhim that is within such district and within one-half mile of saidpublic road or part of public road, and the number of acresthereof; and anyone interested in land in the district may showany reason there may be why such public road or part of publicroad cannot be so improved and the cost thereof charged againstthe lands in the district.
2. The county commission on said day, or as soon thereafteras the business of the county commission will permit, shallconsider said petition and any such protests as may have been sofiled to improving such public road or part of public road; andany reason that may be shown why such public road or part ofpublic road cannot be so improved and the cost thereof chargedagainst the lands in the district. Such petition shall be primafacie evidence of the allegations contained therein.
3. If any protests have been so filed and the countycommission finds after a hearing that such protests have been sofiled by owners of a majority of the acres of land owned byresidents of the county residing within the district that iswithin one-half mile of said public road or part of road; or ifsufficient reason should be shown to the county commission whysuch public road or part of road cannot be so improved and thecost thereof charged against the lands in the district, it shalldismiss said petition. But if the county commission finds thatsuch protests have not been so filed by the owners of a majorityof the acres of land owned by residents of the county residingwithin the district within one-half mile of said public road orpart of a public road, and fails to find that sufficient reasonhas been shown why such public road cannot be so improved and thecost thereof charged against the lands in the district, and thecounty commission finds that such public road or part of a publicroad has been lawfully established as such and that the clerk ofthe county commission gave notice as required by sections 233.320to 233.445 of the filing with him of said petition, plans,specifications and estimate, and list of the lands in thedistrict, the county commission shall consider said list oflands, and hear and consider any objection and exceptions thatmay be made thereto or to any valuations therein indicated. Suchhearing may be continued from time to time as the ends of justicemay require.
4. After consideration of all such objections andexceptions, if any, and hearing such evidence as may be offered,the county commission shall make any alterations and correctionsin the list of lands and in the valuations fixed by thecommissioners on any lands in the district, or fix suchvaluations on the lands in the district as it may deem proper,and shall thereupon approve such list of lands, and order theclerk of the county commission to annex to said list of lands acertificate of such approval; and the county commission shallascertain and declare the estimated cost of such improvement asappearing by the estimate prepared or approved by the statehighway engineer, the cost and expense incurred by thecommissioners in the preparations of such plans, specifications,estimate, map and profile, and said list of lands, and areasonable attorney's fee for such petitioners, and the probableworking, administrative and incidental expenses that may beincurred in so improving said public road or part of a publicroad, and procuring, collecting, and paying the cost thereof, andshall order that a special tax for the aggregate amount thereof,plus ten percent of said aggregate amount for emergencies, beassessed against the lands in the district, and that such publicroad or part of public road be improved in accordance with theplans and specifications so filed with the clerk of the countycommission, and the commission shall ascertain and state in suchorder the number of installments stated in such petition in whichthe petitioners desire that the cost of such improvement bepayable.
(RSMo 1939 § 8845)Prior revisions: 1929 § 8185; 1919 § 10946