245.025. Objections to incorporation heard--court decree filed with secretary of state and county recorder.
Objections to incorporation heard--court decree filed with secretaryof state and county recorder.
245.025. Any owner of real estate or other property asherein described in said proposed district, who may not havesigned said articles of association objecting to the organizationand incorporation of said levee district, may, within fourteendays after the date of publication pursuant to section 245.020,file his objection or objections why such levee district shouldnot be organized and incorporated. Such objection or objectionsshall be limited to a denial of the statements in the articles ofassociation, and shall be heard by the court in a summary manner,taking precedence over all matters except older matters of thesame character, and in case all such objections are overruled,the circuit court shall, by its order duly entered of record,duly declare and decree said levee district a public corporationof this state, for a term not exceeding the time mentioned insaid articles of association signed and filed. If the courtfinds that the land set out in said articles of associationshould not be incorporated into a levee district, it shalldismiss said proceedings and adjudge the costs against thesigners of said articles of association in proportion to theacreage represented by each. Any person having signed thearticles of association shall have no right to have saidproceedings dismissed as to him without the written consent ofthe majority in acreage of the owners who signed said articles.The articles of association and petition may be amended as anyother pleading. Within ten days after the said district has beendeclared a corporation by the court, the clerk thereof shalltransmit to the secretary of state a certified copy of thefindings and decree of the court incorporating said district, andthe same shall be immediately filed in the office of thesecretary of state in the same manner as articles ofincorporation are now required to be filed under the general lawconcerning corporations. The secretary of state shallimmediately send a certified copy to the U. S. Corp of EngineersDistrict office where the levee district is located. A copy ofsaid findings and decree, together with a plat of the district,shall also be filed in the office of the county recorder in eachof the counties having land in said district, where the sameshall become a permanent record, and each such recorder shallreceive a fee of one dollar for filing and preserving the same.
(RSMo 1939 § 12495, A.L. 1994 S.B. 633)Prior revisions: 1929 § 10905; 1919 § 4599
Effective 7-12-94
(1951) Objectors could show that purpose of district would not reclaim lands from effects of overflow and upon such showing, court is justified in finding district would not accomplish its purpose. Little Black Drainage Dist. v. Robb, 241 A. 588, 240 S.W.2d 167.
(1951) Signers of articles of association could not have proceedings to incorporate district dismissed as to them so as to remove requisite acreage from proposed district. Little Black Drainage Dist. v. Robb, 241 A. 588, 240 S.W.2d 167.