244.090. Disagreement on manner of construction--petition circuit court.
Disagreement on manner of construction--petition circuit court.
244.090. 1. The owner or owners of the land benefited shallhave the right, without obtaining permission of the circuitcourt, to construct the ditch or levee or lay the tile or toarrange to have such constructed or laid, but the damagesresulting, if any, from the construction of the same shall bepaid in cash to the owner or owners of the land taken or damaged,or the sum awarded for such items shall be placed in thepossession of the circuit clerk for the use of such persons,before such construction shall be begun.
2. In case the owners of the land benefited are unable toagree among themselves as to the manner of constructing the ditchor levee or laying the tile or letting the contract for the same,the circuit court shall have the power, upon being petitioned bya majority of persons interested, after due notice has been givento other interested parties, to let the work of construction outto the lowest or best bidder, and after such costs have beendetermined, the circuit clerk, upon order of the circuit court,shall apportion the total cost to each tract or parcel of landaccording to ownership in proportion the benefits derived asascertained and determined by the court, and such cost shallbecome a lien upon such land and remain the same until paid.
3. Such lien shall be enforced by suit brought on billsproperly made out and certified to by the circuit clerk, suchsuit to be brought in the name of the state at the relation ofthe interested party or parties in any court of competentjurisdiction. All sums collected by such suit shall include thecourt cost incurred in bringing and conducting such suit and areasonable attorney's fee to be fixed by the court hearing saidcause.
(RSMo 1939 § 12462, A.L. 1945 p. 852)Prior revisions: 1929 § 10872; 1919 § 4567