Title XV, LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY

242.010. Owner defined — delegation of representation and voting rights. — 1. The word "owner" as used in sections 242.010 to 242.690 shall mean the owner of the freehold estate, as appears by the deed record, and it shall not include reversioners, remaindermen, trustees, or mort…

242.020. Formation of drainage districts. — 1. The owners of a majority of the acreage in any contiguous body of swamp, wet or overflowed lands, or lands subject to overflow, situate in one or more counties in this state, may form a drainage district for the purpose of having suc…

242.030. Notice of application — form. — 1. Immediately after such articles of association shall have been filed, the clerk in whose office the articles of association have been filed shall give notice by causing publication to be made once a week for four consecutive weeks in so…

242.040. Objections — procedure. — 1. Any owner of real estate or other property in said proposed district, who may not have signed said articles of association, objecting to the organization and incorporation of said drainage district, shall, on or before the first day of the te…

242.050. Annexation of land to organize district. — 1. The board of supervisors of any drainage district organized under the provisions of sections 242.010 to 242.690, for and in its behalf, or the owners of a majority of the acres in any tract or tracts of swamp, wet or overflow…

242.060. Consolidation of adjacent districts. — 1. Any two or more adjacent districts, whether incorporated in the same or different counties, may be united and consolidated in one district, and such new district and the board of supervisors thereof shall have the rights, powers …

242.070. Reorganization of districts. — Any drainage district of Missouri heretofore organized, in process of organization or that may hereafter be organized under the provisions of any previous or existing laws of this state, either general or special, may elect in the manner he…

242.080. Reorganized districts — articles of association. — 1. Any drainage district heretofore organized and any district that is now in process of organization or any drainage district that may hereafter be organized under any previous or existing law of this state may organize…

242.090. Notice of reorganization hearing — form. — Immediately after such articles of association have been filed the circuit clerk in whose office the same have been filed shall give notice in the manner and for the time specified in section 242.030, said notice to be in substa…

242.100. Procedure after notice of reorganization. — After said notice has been so given the matter shall be proceeded with in the same manner as is provided for where articles of association for the formation of a drainage district have been filed. ­­-------- (RSMo 1939 § 12382)…

242.110. Records and funds delivered to secretary of board. — Immediately after the election of the board of supervisors as provided for in section 242.100, and the election of a president and secretary, and the secretary has filed the necessary bond and it has been approved, he …

242.120. Liability of reorganized district — consolidation. — When an existing drainage district has been reorganized under sections 242.010 to 242.690 the board of supervisors will not be required to follow such steps or requirements of sections 242.010 to 242.690 as are inconsi…

242.130. Extending time of corporate existence. — 1. Whenever the board of supervisors of any district organized under sections 242.010 to 242.690 or any previous enactment of the general assembly of the state of Missouri providing for the organization of drainage districts by th…

242.140. Drainage district may be dissolved, when. — 1. The incorporation of every drainage district, heretofore or hereafter incorporated under and by virtue of the provisions of sections 242.010 to 242.690, shall be dissolved if, at any time before bonds are issued and negotiat…

242.150. Election of board of supervisors. — Within thirty days after any drainage district shall have been organized and incorporated under the provisions of section 242.040 the circuit clerk of the county in which the articles of association have been filed shall, upon giving n…

242.160. Election of supervisors — electors. — In the same month of each year after the election of the first board of supervisors, the board of supervisors shall call a meeting of the owners of land and other property in the district, in the same manner as is provided for in sec…

242.170. Vacancy resulting from void election — how filled. — The provisions of section 245.065 relating to vacancies in office of members of the board of supervisors of levee districts resulting from improper election shall apply, insofar as practicable to drainage districts org…

242.180. Supervisors to take oath. — Each supervisor before entering upon his official duties shall take and subscribe to an oath before some officer authorized by law to administer oaths, that he will honestly, faithfully, and impartially perform the duties devolving upon him in…

242.190. Supervisors — powers and duties. — 1. In order to effect the drainage, protection and reclamation of the land and other property in the district subject to tax, the board of supervisors is authorized and empowered to clean out, straighten, widen, change the course and fl…

242.200. Board to elect president and secretary — report — compensation. — 1. The board of supervisors immediately after their election shall choose one of their number president of the board, and elect some suitable person secretary, who shall serve until the secretary's success…

242.210. Secretary-treasurer of board — annual audit — warrants, form. — 1. The secretary of the board of supervisors in any drainage district shall hold the office of treasurer of such district, except as otherwise provided herein, and the treasurer shall receive and receipt for…

242.220. Chief engineer and assistants — appointment — duties. — 1. Within sixty days after organizing the board of supervisors shall appoint a competent civil engineer as chief engineer, who may be an individual, copartnership or corporation, and who shall engage such assistants…

242.230. Engineer's annual report — adoption of plan for reclamation — supplemental plans authorized. — The chief engineer shall make a report in writing to the board of supervisors once every twelve months and more often if said board shall so require. Upon receipt of the final …

242.240. Filing of reclamation report — appointment of commissioners. — 1. Within twenty days after the adoption of the plan of reclamation the secretary of the board of supervisors shall prepare and transmit a certified copy thereof to the circuit clerk of the court organizing t…

242.250. Organization of commissioners — duties of secretary of board of supervisors. — 1. Said circuit clerk upon the filing of said order of appointment shall notify each of said commissioners of his appointment by written or printed notice, and in the same he shall state the t…

242.260. Commissioners to inspect district and assess benefits and damages — file report. — 1. Within thirty days after qualifying, as provided for in section 242.250, the commissioners shall begin their duties. They may at any time call upon the attorney of the district for lega…

242.270. Notice of commissioners' report — form — publication. — Upon the filing of the report of the commissioners, the clerk of said circuit court shall give notice thereof by causing publication to be made once a week for three consecutive weeks in some newspaper, published in…

242.280. Exceptions heard and determined by circuit court — procedure. — 1. The drainage district or any owner of land or other property in said district, may file exceptions to said report or to any assessment for either benefits or damages, within ten days after the last day of…

242.290. Court to declare corporation dissolved — costs not to exceed benefits. — If, after determining the objections made to the commissioners' report, the court shall find that the estimated costs of works and improvements as reported by the board of commissioners, or as amend…

242.300. Decree or order of court may be amended or changed. — 1. Any decree or order of the court organizing any drainage district, confirming the report of commissioners, extending or changing the boundary lines of the district, reorganizing a district or otherwise pertaining t…

242.310. Amendment of plan of reclamation procedure — appointment of commissioners. — 1. The board of supervisors for and in behalf of any drainage district, organized under sections 242.010 to 242.690, may file a petition in the office of the clerk of the court organizing said d…

242.320. Assessed damages paid before appropriating land. — 1. The board of supervisors of drainage districts organized under sections 242.010 to 242.690 shall not have the right to enter upon or appropriate any land for rights-of-way, holding basins or other works of the distric…

242.330. Board of supervisors — powers, contracts — duties of chief engineer — state or federal aid. — 1. The board of supervisors of said district shall have full power and authority to build, construct, excavate and complete all or any works and improvements which may be needed…

242.335. District may contract with political subdivisions or other districts for outlets — costs determined, how. — Drainage districts organized or incorporated under this chapter may contract with each other, and with any political subdivision of this or any other state, and wi…

242.340. Board of supervisors may amend plan for reclamation — limitations. — 1. Whenever it shall appear to the board of supervisors, after the plan for reclamation has been filed with the clerk of the court organizing said district and work has progressed thereunder, that some …

242.350. Bridges over drainage works — how built or enlarged. — 1. All bridges contemplated by sections 242.010 to 242.690 and all enlargements of bridges already in existence shall be built and enlarged according to and in compliance with the plans, specifications and orders mad…

242.360. Embankments to be raised at expense of owner. — When any right-of-way has been obtained under sections 242.010 to 242.690, over any embankment belonging to any person, railroad, tramway or other corporation, it shall be the duty of the owner of such embankment to so rais…

242.370. Existing drains may be connected. — 1. At the time of the construction, in any district incorporated under sections 242.010 to 242.690, of the plan for reclamation herein referred to, all ditches or systems of drainage already constructed in said district and all waterco…

242.380. Board may appoint overseers — duties. — 1. For the purpose of preserving any ditch, drain, dike, levee or other work constructed or erected under the provisions of sections 242.010 to 242.690, the board of supervisors shall have power to appoint an overseer or overseers …

242.390. Board of supervisors to employ attorney — duties. — The board of supervisors within sixty days after organizing shall employ an attorney to act for the district and to advise said board. Such employment shall be evidenced by an agreement in writing, which, as far as poss…

242.400. Board to provide for compensation of employees and fees of officers. — The board of supervisors, except where otherwise provided shall, by resolution, at time of hiring or appointing, provide for the compensation for work done and necessary expense incurred by any office…

242.410. Board may remove any officer or employee. — The board of supervisors may at any time remove any officer, attorney or other employee appointed or employed by said board. ­­-------- (RSMo 1939 § 12375) Prior revisions: 1929 § 10794; 1919 § 4424; 1909 § 5528

242.420. Board to keep record of proceedings. — The board of supervisors of any district organized under sections 242.010 to 242.690 shall cause to be kept a well-bound book, entitled "Record of board of supervisors of ______ district", in which shall be recorded minutes of all m…

242.430. Tax levied by board for cost of organization. — 1. The board of supervisors of any drainage district organized under the provisions of sections 242.010 to 242.690 shall, as soon as elected and qualified, levy a uniform tax of not more than eight dollars per acre upon eac…

242.440. Cost of organization, how paid. — Nothing in sections 242.010 to 242.690 shall authorize or be construed to authorize any uniform tax or any tax of any kind to pay any expenses mentioned or referred to in section 242.430, in addition to or in excess of the uniform tax of…

242.450. Organization of commissioners — duties of secretary of board of supervisors — additional tax levy, when. — 1. After the list of lands, and other property, with the assessed benefits and the decree and judgment of court, have been filed in the office of the county recorde…

242.460. Levy of annual installment of tax — form of tax certificate. — 1. The said board of supervisors shall each year thereafter determine, order and levy the amount of the annual installment of the total taxes levied under section 242.450; which shall become due and be collec…

242.470. Additional drainage tax levy, when. — 1. Where the works set out in the plan for reclamation of any drainage district is found insufficient to reclaim in whole or in part any or all of the land and other property of the district the board of supervisors shall have the ri…

242.480. Issuance and payment of bonds — treasurer, duties. — 1. The board of supervisors may, if in their judgment it seems best, issue bonds not to exceed ninety percent of the total amount of the taxes levied under the provisions of section 242.450, in denominations of not les…

242.485. Additional bond issue authorized, when — form of ballot. — 1. The board of supervisors may, if in their judgment it seems best, issue additional bonds which do not exceed ninety percent of the amount of new taxes levied pursuant to paragraph 2 of section 242.450. The fun…