243.080. Location of improvement--report to contain data as to cost.
Location of improvement--report to contain data as to cost.
243.080. 1. Immediately after establishing a district asprovided in this chapter, the county commission shall, by anorder of record, direct the viewers and engineer theretoforeappointed or appoint others possessing the same qualifications,who shall proceed to view the lands and other property in thedistrict and establish the precise location where, in theirjudgment, the proposed improvement will prove most efficient andshall determine the dimensions and form of the proposed ditch,levee or other improvement. They may, if deemed best, vary fromthe line or lines of the ditches described in the petitionprovided they follow the line as nearly as practicable. Ifnecessary to obtain sufficient fall or outlet they may extend theoutlet below the point named in the petition. When practicable,the ditches shall be located on division lines between landsowned by different persons but the general utility of the ditchesshall not be sacrificed to avoid diagonal lines. The engineershall make a survey of each ditch, levee or other improvement andprepare profiles thereof, showing the natural surface and thegrade lines and he shall estimate the number of cubic yards ofearth or other substance to be removed and shall specify andestimate all other work required. He shall prepare a map of thedistrict showing the lands, roads and railroads and otherproperty which will be affected by the construction of saidproposed improvement which shall also show the approximatelocation thereof, the boundary line of each tract of land, orother property, the location of each corporate road or railroad,together with such other data as the viewers and engineer maydeem necessary for the information of the county commission.
2. Whenever the construction of any ditch, levee or otherwork specified in this section will destroy the witness marks ofany land corner, the engineer shall note such fact and shall noteother witnesses for said corner and describe them and give thebearing and distance of same from said corner in the report ofhis work. The engineer shall also prepare and file a completerecord of the corners and witness marks thereto destroyed andreestablished and noted and shall file the same in the office ofthe county surveyor who shall record the same in the records ofhis office. The engineer may, at the expense of the district andwith the approval of the county commission, employ the necessaryassistants in making surveys, maps and profiles and secure theservices of a consulting engineer or expert advice.
3. The said viewers and engineer shall make a schedule oflands in tracts of forty acres or less or government subdivisionof sections or other surveys and all railroads and other propertywithin said drainage district which will be benefited or damagedby or for said improvements, which schedule shall show the owneror owners of each tract of land, road, railroad or otherproperty, so far as they are able by diligent effort toascertain. They shall assess the amount of benefits and theamount of damages, if any, that will accrue and result to eachtract of land, road, railroad or other property by theconstruction of the improvements and shall prepare a report oftheir findings in tabular form, the columns of which shall beheaded as follows: Column one, "owner of property assessed";column two, "description of property assessed"; column three,"number of acres assessed"; column four, "amount of benefitsassessed"; column five, "damages awarded".
4. They shall also prepare and include in their report adescription of the land and other property within or without thedistrict necessary to be acquired for right-of-way of ditches andother improvements, and they shall determine and set out thevalue of each tract of land or other property necessary to beacquired. They shall also make an estimate of the total cost ofthe improvements, including the cost of organizing said drainagedistrict, the payment of all damages, the cost of propertyrequired, and the incidental expenses necessary for conductingits affairs.
(RSMo 1939 § 12405)Prior revisions: 1929 § 10816; 1919 § 4484; 1909 § 5584