236.180. Privilege to erect subject to certain conditions.

Privilege to erect subject to certain conditions.

236.180. The judgment and order authorized by sections236.160 and 236.170, and the rights and privileges therebygranted, shall, in all cases, be upon and subject to theconditions following:

(1) Such conditions in reference to the obstructions to thepassage of fish and ordinary navigation, as the court shall thinkproper to impose;

(2) That all damages and valuations assessed and made by thejury shall be paid;

(3) That the dam and mills, electric power and light works,or other machinery, shall be commenced within one year, andfinished and ready for business within three years from the dateof the order of permission;

(4) That whenever the dam or mill, electric power and lightworks, or other machinery, shall be destroyed or materiallyimpaired, the same shall be built or repaired within three yearsthereafter; but if the owner of such dam or mill, electric powerand light works, or other machinery, shall be an infant, or ofunsound mind, or imprisoned at the time such dam or mill,electric power and light works, or other machinery, shall bedestroyed or materially impaired, then within three years aftersuch disability is removed.

(RSMo 1939 § 10303, A. 1949 S.B. 1080)

Prior revisions: 1929 § 9174; 1919 § 7416; 1909 § 5473

CROSS REFERENCE:

Dam owners to maintain fishways--fish hatchery in lieu of fishway, RSMo 252.150