244.020. Disagreement on drainage methods--petition circuit court.
Disagreement on drainage methods--petition circuit court.
244.020. 1. When the owner or owners of the land to bedrained or protected and the owner or owners of the land throughor across which such improvements are to be built or constructedfail to agree as to the location of the ditch, tile or levee oras to the value of land, if any, to be used, or the amount ofdamages, if any, that will result from constructing theimprovements, the owner or owners of the land desired to bedrained or protected shall have the right to file with thecircuit clerk their petition, which shall state the method ofdrainage or protection desired, the name or names of the owner orowners of the land to be drained or protected with a descriptionof the land owned by each, and the name or names of the owner orowners of the land through or upon which such drain or levee mustpass, with a description of land owned by each, and that theowners are unable to agree as to the best method to adopt for thedrainage or protection of the swamp, wet, flat or overflowedland, the value of the land, if any, to be used for any ditch,tile or levee, or the amount of damages, if any, that should bepaid the owner or owners of the land through or upon which theproposed improvements must be constructed. Said petition shallpray the circuit court that commissioners be appointed toconsider any and all matters not agreed upon by the landownersand to make a report and recommendations for the adjustment ofsuch disagreements.
2. A rough plat of all land that will in any way be affectedby the proposed improvements and indicating the approximatelocation and course of the ditch, tile or levee, shall be filedwith said petition, but such plat need not be made by anengineer; provided, that before any such owner or owners shallhave the right to file any such petition he or they shall firsttender in writing to the owner or owners of the land through orupon which such ditch, tile or levee is to be constructed, a sumof money equal to the amount of the value of the land, if any,that will be used in constructing the ditch, tile or levee, plusthe damages, if any, that will accrue to the land and the cost ofthe crossings, if any are needed, which said amount, in theestimation of the owner or owners of the land to be drained orprotected, seems just compensation for the total cost of suchitems, and the fact of said tender having been made and theamount of the same shall be stated in the foregoing petition.
(RSMo 1939 § 12456, A.L. 1945 p. 852)Prior revisions: 1929 § 10866; 1919 § 4561; 1909 § 5665