248.100. Right-of-way through private property--proceedings.
Right-of-way through private property--proceedings.
248.100. 1. If, in the judgment of the board of trustees,it is necessary to acquire rights-of-way or easements fordrainage purposes through private property, it shall, byordinance duly certified, call upon the authority of the city orcounty having the right to cause the condemnation of privateproperty for public use, to procure such rights-of-way oreasements by due process of law; or said board may obtain thesame by purchase, gift or otherwise. All costs of proceedingsand damages allowed shall be paid out of the special drainagefund in the treasury of the city or county in which the propertytaken is situated.
2. The board of trustees of such drainage district, if it benecessary to cross, follow or traverse public streets, roads oralleys, or grounds held or used as public parks or places, shallhave the right to do so upon the following conditions: The boardof trustees shall file with the county commission or mayor of thecity having immediate jurisdiction over the street, road, alleyor public park or place, a map showing the location and extent ofthe proposed occupancy for drainage purposes and a plan of theproposed works, which plan shall be so made and arranged as notto interfere with the ordinary and lawful use of said street,road, alley, public park or place, except during a reasonabletime for the construction of the necessary works--said map andplan to be subject to approval by the county commission or mayorof the city.
3. The entire expense of the works and restoration of theground occupied to its former condition, as near as may be, shallbe borne by the sanitary district.
(RSMo 1939 § 12483)Prior revisions: 1929 § 10893; 1919 § 4588; 1909 § 5694