Title XIV — ROADS AND WATERWAYS

228.010. Definitions. — The words "established" and "establishing", as used in sections 228.010 to 228.190 in relation to public roads, shall be held to embrace the locating, relocating, changing or widening of roads, and the word "road" shall include bridges and culverts. ­­----…

228.020. Petition for establishing road. — Applications for the establishment of all public roads, except state roads, shall be made by petition to the county commission. Such petition shall be signed by at least twelve registered voters of the municipal township or townships thr…

228.030. Notice of application for road. — Notice of such intended application shall be given by printed or written handbills put up in three or more public places in such municipal township or townships, one of which shall be put up at the proposed beginning, and one at the prop…

228.040. County commission required to open road, when. — When the petition required by section 228.020 is presented, and upon proof of notice having been given as required in section 228.030, if no remonstrance is filed and if the petitioners give the right-of-way for the propos…

228.050. Remonstrances — hearing — findings. — 1. If a remonstrance is presented signed by twelve or more persons residing in the municipal township or townships through which it is proposed to establish such road, three of whom which reside in the immediate neighborhood, the cou…

228.060. Survey of road by county highway engineer, when — report. — If the county commission finds it necessary to establish such road, either at the expense of the county or wholly or partly at the expense of the petitioners, and the petitioners pay into the county treasury, on…

228.080. Order to establish road, when. — If it shall appear from the engineer's report that the right-of-way has been secured, and needs therefor filed, or that the damages claimed do not exceed the amount offered by the commission or deposited by the petitioners, or both, the c…

228.090. Relinquishments, deeds, plats to be filed and recorded. — The county highway engineer shall file all relinquishments, deeds and plats of said road in the office of the county clerk, who shall preserve them together with the order of the commission establishing the road a…

228.100. Condemnation proceedings, when. — If it appears that any person through whose lands such proposed road should run has failed or refused to relinquish the right-of-way, or is not willing to take the amount of damages offered him by the commission or petitioners, or both, …

228.110. Roads may be vacated, how. — 1. Any twelve residents of the township or townships through which a road runs may make application for the vacation of any such road or part of the same as useless, and the repairing of the same an unreasonable burden upon the district or di…

228.120. Record of proceedings — judicial review. — 1. Upon the request and at the expense of any petitioners or remonstrators, a stenographic record shall be made of all proceedings before the county commission upon any petition to establish or vacate any public road. 2. Any ord…

228.130. No revocation of order establishing or vacating road — amendment of order. — The county commission shall not revoke or set aside any order establishing or vacating any public road, nor shall a petition to vacate or reestablish such road be entertained by such county comm…

228.140. Roads on county lines established, how. — 1. The county commissions of the several counties in this state shall have authority to establish highways on the boundary lines of their respective counties in the same manner as provided in sections 228.020 to 228.130, and when…

228.150. Districting and repair of new roads — owner of land given time to yield possession — penalty for refusal. — 1. When a new road has been opened, it shall be districted and kept in repair as other public roads. 2. The county commission or circuit court, as the case may be,…

228.160. Roads may be enclosed and route changed, when. — Any person wishing to cultivate or enclose land through which any road may run may petition the county commission, first giving notice, as in the case of new roads, for permission to turn such road on his own land or on th…

228.180. Condemnation of private property for public road — survey — claims for damages — hearings — jury trial, when. — 1. The right of eminent domain is vested in the several counties of the state to condemn private property for public road purpose, including any land, earth, s…

228.190. Roads legally established, when — deemed abandoned, when — roads deemed public county roads, when. — 1. All roads in this state that have been established by any order of the county commission, and have been used as public highways for a period of ten years or more, shal…

228.341. Private road defined. — For purposes of sections 228.341 to 228.374, "private road" with regard to a proceeding to obtain a maintenance order means any private road established under this chapter or any easement of access, regardless of how created, which provides a mean…

228.342. Establishment or widening of private road — strict necessity defined — who may petition. — A private road may be established or widened in favor of any owner or owners of real property for which there is no access, or insufficiently wide access, from such property to a p…

228.345. Maximum width — contents of petition. — The proposed private road as established or widened shall not exceed forty feet in width and shall be situated so as to do as little damage or injury and cause as little inconvenience as practicable to the owner or owners of the re…

228.348. Service of process, how issued — rules of civil procedure to apply, when. — Upon the filing of the petition, service of process shall be issued as provided in the rules of civil procedure. Thereafter, the rules of civil procedure shall apply when not inconsistent with th…

228.352. Nonjury hearing, purpose — court order, issued when. — After the time for filing the answer to the petition has expired and after the parties have had a reasonable time for discovery, the court shall conduct a nonjury hearing during which the parties may submit evidence …

228.355. Commissioners, how appointed — duties — compensation. — When an order establishing or widening a private road is entered according to section 228.352, the court shall appoint three disinterested citizens of the county where the private road is to be located as commission…

228.358. Report of commissioners, exceptions to, filed when — jury impaneled, when — judgment, contents. — Within ten days after notification of the commissioners' report, either party may file exceptions to the report and assessment of damages. If no exceptions are filed, the co…

228.362. Use of road allowed, when — damages for use allowed, when — abandonment of proceedings, effect. — If any party has filed exceptions to the commissioners' report pursuant to section 228.358, the plaintiffs shall be entitled to use of the private road before judgment is en…

228.365. Change of judge, venue. — Any application for change of judge must be filed within thirty days after the answer to the petition is due or within thirty days after designation of the judge who will conduct the nonjury hearing for establishment or widening of the private r…

228.368. Costs. — The costs of the proceedings to establish or widen a private road incurred up to and including the filing of the commissioners' report shall be paid by the plaintiff; and the court, as to any costs incurred in proceedings subsequent thereto, including the costs …

228.369. Maintenance, multiple user roads without written agreement, plan of maintenance by court — apportionment of costs. — 1. For any private road subject to the use of more than one homeowner, in the absence of a prior order or written agreement for the maintenance of the pri…

228.374. Amending or modifying agreements or plans of maintenance by recorded agreement, when. — 1. A prior agreement or court order establishing a plan of maintenance may be amended or modified and may be restated at any time by a recorded agreement signed by all the homeowners …