245.120. Commissioners to inspect district and assess benefits and damages--report to be filed.
Commissioners to inspect district and assess benefits anddamages--report to be filed.
245.120. 1. Within thirty days after qualifying, asprovided for in section 245.115, the commissioners shall begintheir duties. They may at any time call upon the attorney of thedistrict for legal advice and information relative to theirduties, and the chief engineer or one of his assistants shallaccompany the commissioners at all times and shall render hisopinion in writing when called for. The commissioners shallproceed to view the premises and determine the value of all landand other property, within or without the district, to beacquired and used for rights-of-way, or other works set out inthe plan for reclamation. They shall assess the amount ofbenefits, and the amount of damages, if any, that will accrue toeach governmental lot, including all property owned by the stateor other political subdivision, forty-acre tract or othersubdivision of land according to ownership, railroad and otherrights-of-way, railroad roadways and other property from carryingout and putting into effect the plan for reclamation heretoforeadopted. The commissioners in assessing the benefits to lands,public highways, railroad and other rights-of-way, railroadroadways and other property not traversed by such works andimprovements as provided for in the plan for reclamation shallnot consider what benefits will be derived by such property afterother levees, ditches, improvements or other plans forreclamation shall have been constructed, but they shall assessonly such benefits as will be derived from the construction ofthe works and improvements set out in the plan for reclamation,or as the same may afford protection from overflow of suchproperty. The commissioners shall give due consideration andcredit to any other levee, ditch or other systems of reclamationswhich may have already been constructed and which afford partialor complete protection to any tract or parcel of land in the newdistrict, and if the commissioners shall find that any levee orother works have been constructed under any general or speciallaw of this state, which can be used in making the levees andimprovements herein contemplated, they shall include the same intheir report, and thereafter the board of supervisors may ordersuch levees or such works to be used, so far as they extend, forthe purpose of the levee district in which they are situated, andthat the district or other owners of such levee or otherimprovements or persons having an interest in same by virtue ofhaving contributed money, material or labor in the constructionof the same, shall be allowed in proportion to the interest heldor owned in said levees or improvements, a compensation whichshall not exceed the amount of such levee district's indebtednessas evidenced by outstanding scrip, bonds or other evidences ofindebtedness. The railroad and other rights-of-way, railroad andother property shall be assessed according to the increasedphysical efficiency and decreased maintenance cost by reason ofthe protection to be derived from the proposed works andimprovements. The commissioners shall have no power to changethe plan for reclamation heretofore provided for.
2. The board of commissioners shall prepare a report oftheir findings, which shall be arranged in tabular form, thecolumns of which shall be headed as follows: Column one, "ownerof property assessed"; column two, "description of propertyassessed"; column three, "number of acres assessed"; column four,"amount of benefits assessed"; column five, "number acres takenfor right-of-way"; column six, "value of property taken"; columnseven, "damages". They shall also, by and with the advice of theengineer of the district, estimate the cost of works set out inthe plan for reclamation, which estimate shall include the costof property required for rights-of-way and damages and the actualexpenses of organization and administration, as estimated by theboard of supervisors, and shall itemize and tabulate the same.The report shall be signed by at least a majority of thecommissioners and filed in the office of the circuit clerk, inwhich the articles of association were filed. The secretary ofthe board of supervisors, or his deputy, shall accompany thecommissioners while engaged in their duties, and shall performall clerical work of the board. He shall also, under the advice,supervision and direction of the attorney for the district,prepare their report. The board of commissioners shall report tothe board of supervisors the number of days each had beenemployed and the actual expenses incurred. Each commissionershall be paid an amount set by the court for each day for hisservices, and necessary expenses in addition thereto.
(RSMo 1939 § 12507, A.L. 1985 H.B. 378, A.L. 1994 S.B. 633)Prior revisions: 1929 § 10917; 1919 § 4611
Effective 7-12-94
(1987) 1985 amendment to this section removing five dollar a day limit for commissioner's service and substituting court discretion is prospective in nature and cannot be applied to services performed by commissioners before effective date of this section as amended. Matter of St. Francis Levee Dist. of Mo., 734 S.W.2d 601 (Mo.App.S.D.).