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

243.010. Definitions. — As used in this chapter: (1) The word "ditch" shall be held to include a drain, watercourse, bank protection, current control or levee or any drain, watercourse, bank protection, current control or levee hereafter constructed; (2) The word "owner" shall me…

243.020. County commission authorized to organize drainage districts. — 1. When it shall be conducive to the public health, convenience or public welfare, or when it will be of public utility or benefit, the county commission of any county in this state shall have the authority t…

243.030. Petition to be filed — bond required. — Before any county commission may organize, incorporate and establish a drainage district, or make any improvement as provided in this chapter, there must be filed with the clerk of the county commission a petition signed by one or …

243.040. County commission to appoint counsel. — At the first term of the county commission after the filing of the petition the county commission shall appoint one or more attorneys, satisfactory to the owners of a majority of the acreage represented by those signing the petitio…

243.050. County commission to appoint engineer and viewers — qualifications and duties. — 1. When such petition and bond has been filed and the bond approved, the county commission shall without delay appoint a competent civil and drainage engineer, who may be an individual, copa…

243.060. Time of hearing to be published — form of notice. — Immediately after the report of the viewers and engineer has been filed, it will be the duty of the county clerk to cause notice thereof to be published in some newspaper published in the county wherein the proceedings …

243.070. Remonstrance may be filed — judgment, effect. — 1. Not later than ten days after the last day of publication of the notice provided for in section 243.060, any person interested in land or other property that will be affected by the organization of the proposed drainage …

243.075. Dissolution of district, when, how. — The county commission may, if it determines after notice and hearing, in the same manner as is provided for establishment of such a district that a drainage district organized by the county commission under this chapter has been inac…

243.080. Location of improvement — report to contain data as to cost. — 1. Immediately after establishing a district as provided in this chapter, the county commission shall, by an order of record, direct the viewers and engineer theretofore appointed or appoint others possessing…

243.090. Report to be filed, when — landowners may be heard — vacancies, how filled. — 1. The said viewers and engineer shall make a report of their work, as required in section 243.080, with the maps, profiles, schedules, estimates and other information, together with an itemize…

243.100. Limitations for assessment of benefits. — 1. In assessing the benefits to lands, public highways, railroad and other rights-of-way, railroad roadways and other property not traversed by the improvements, the viewers shall not consider what benefits will be derived by suc…

243.110. Notice of filing of report to be published — form. — Upon the filing of the report of the viewers and engineer, the clerk shall immediately give notice of the filing thereof, by publication in some newspaper published in the county wherein the proceeding is pending. Such…

243.120. Exceptions to report — appeal to circuit court — procedure — new notice to be published, form. — 1. The attorney for the drainage district or any owner of land or other property in said district, may file exceptions to said report within ten days after the last day of pu…

243.130. Condemnation of additional land. — The county commission shall have the right to condemn for the use of a district organized under the provisions of this chapter any necessary land or other property not acquired or condemned by the county commission on the report of the …

243.140. Lands lying outside district may be annexed, when — proceedings. — 1. Any land lying outside of any drainage district as organized, the owner or owners of which shall thereafter make connection with any main ditch or drain, or other drain in any district, or whose lands …

243.150. Taxes to be levied against county-owned swamplands, how paid. — Whenever any of the counties in which any drainage district shall be organized under the provisions of this chapter shall be the owner of a tract or tracts of swamplands, granted to it by the state of Missou…

243.160. Authority to complete improvements in county commission — powers of procedure. — 1. The county commission for and on behalf of a drainage district shall have full power and authority to build, construct, excavate and complete all or any works and improvements which may b…

243.170. District engineer to be appointed — duties — bond required. — 1. Within sixty days after the confirmation of the report of the viewers and engineer assessing the benefits and damages, the county commission shall appoint a competent civil and drainage engineer as district…

243.180. Engineer to let work — bidders to give bond — county commission to approve — contractor liable in default. — 1. The district engineer shall let or offer to let the job or labor of constructing the working sections, as directed in the order of the county commission, annou…

243.190. Engineer to issue certificate of acceptance, when — provisions for payment of claim. — It shall be the duty of the district engineer, on being notified by a contractor that the work, or any installment thereof, provided for in his contract, is completed, to examine the s…

243.200. Provisions for necessary construction or enlargement — when owned by corporation other than county — bridge to become part of highway, when. — 1. The county commission may, when the same is necessary for the public health, convenience or welfare, cause to be constructed …

243.210. Provisions of this chapter applicable to old channels or sloughs. — Where lateral ditches constructed by a district organized under this chapter have outlets in an old channel or slough, all the provisions of this chapter shall apply to and govern these channels or sloug…

243.220. Repairs and improvements, how made — hearing when cost exceeds maintenance fund — form of notice. — 1. When any ditches or other improvements constructed under this chapter need to be enlarged, cleaned out, obstructions removed therefrom or new work done, five or more of…

243.230. County commission procedure after hearing. — 1. On the day set for the hearing of the statement described in section 243.220, the county commission shall hear and summarily determine the matter. If the county commission finds that the owners of a majority in acreage of s…

243.240. County commissions to maintain efficiency and have management and control. — 1. It shall be the duty of the several county commissions of this state to maintain the efficiency of the drainage districts now or hereafter organized and existing under and by virtue of the pr…

243.250. Lateral ditches — drains — may be connected — provisions — penalty for violation. — 1. Any person, persons or corporation shall be permitted to construct lateral ditches or drains for the purpose of draining water into any of the ditches, drains, or watercourses construc…

243.260. Districts may contract with other districts for outlets — costs determined, how. — Drainage districts organized or incorporated under this chapter may contract with each other, and with districts organized and incorporated under any other law of this state or under the l…

243.270. Drainage district may contract to furnish drainage for cities and towns. — A drainage district may contract with any city, town or village to furnish an outlet for the drainage of such city, town or village, through any ditch, drain or watercourse constructed, or to be c…

243.280. Equipment may be leased or rented — provisions. — Whenever there exists no immediate need for the use of the dredge boat, tools and other machinery authorized to be purchased by section 243.330 by districts contributing to the purchase thereof, then it shall be lawful fo…

243.290. County commission to levy tax to pay preliminary expense. — 1. As soon as any district has been incorporated and established as provided in sections 243.020 to 243.070, the county commission shall, by order entered of record, levy a uniform tax of not more than fifty cen…

243.300. County commission to levy tax on benefits assessed — form of county clerk's schedule. — 1. Immediately after the approval and confirmation of the report of the viewers, the county commission shall, by order of record, levy a tax of such portion of said benefits on all la…

243.310. Permanent drainage tax record shall be kept — method — additional levies. — 1. The list and schedule specified in section 243.300 shall be prepared in the form of a well-bound book which shall be named and endorsed "Drainage Tax Record of Drainage District Number ______ …

243.320. Public roads and railroads to pay benefits. — When any ditch constructed under the provisions of this chapter drains, either in whole or in part, or benefits any public or corporate road or railroad, there shall be apportioned to the county, if a county or state or free …

243.330. Maintenance tax, how apportioned — commission may purchase equipment — cost apportioned, how. — 1. The county commission shall have power and it shall be its duty at the May term of the commission of each year to levy a tax upon each tract of land or other property withi…

243.340. Privilege to pay drainage tax in full. — The owner of any land or other property taxed for the construction of any improvement under the provisions of this chapter, shall have the privilege of paying such tax to the county treasurer at any time on or before a date to be …

243.350. Apportionment of annual installments — drainage tax book, form — taxes due, when. — 1. Each year the county clerk shall apportion the amount of the annual installment, or the aggregate of the installments which the commission has provided shall become due and payable in …

243.360. Drainage tax — collector to furnish bond. — 1. It shall be the duty of the collector of revenue of each county in which lands or other property of any drainage district organized under this chapter are situate, to receive the drainage tax book each year and he shall prom…

243.370. Drainage taxes constitute a lien — court action when delinquent — proceedings — evidence. — 1. All drainage taxes provided for in this chapter, including maintenance taxes, together with all penalties for default in payment of the same, all costs in collecting the same, …

243.380. Surplus funds, how used. — When the improvements of a district have been completed and paid for, and all costs and expenses of the district paid, if there remains on hand to the credit of such district any funds not needed, the county commission may prorate back to the t…

243.390. Drainage district bonds — provisions for issuance. — 1. The county commission may issue bonds for and on behalf of any drainage district created under this chapter, for the purpose of paying the cost of the completion of the improvement as located, described and set fort…

243.400. County commission authorized to pledge bonds — manner. — 1. Bonds issued under the authority of section 243.390 or refunding bonds issued to refund any or all such bonds may be pledged by the county commission to any corporation, commission or agency created or authorize…

243.410. County treasurer to be custodian of district funds — duties. — 1. The treasurer of the county in which a drainage district is located shall act as treasurer of the district and shall be the custodian of the funds of the district, except as otherwise provided in this chap…

243.420. Fees for services. — 1. The fees allowed by county commissions for services actually rendered drainage districts organized under the provisions of this chapter shall be determined by the county commission. 2. The county commission shall have power to contract for any of …

243.430. Claims for fees, how paid. — Until the proceeds of taxes or bonds are available, all fees under this chapter shall be paid out of the county treasury when claims therefor are allowed by the county commission, and the general county fund shall be reimbursed out of the mon…

243.440. Drainage proceedings to be recorded — method. — A complete record of all proceedings under this chapter shall be kept by the county clerk in a separate book to be secured for that purpose. The book shall be designated as the "Drainage Record of ______ County, Missouri", …

243.450. All or portions of districts may reorganize and consolidate under sections 242.010 to 242.690. — 1. Two or more districts organized under the provisions of this chapter may come within, and operate under sections 242.010 to 242.690, and portions of two or more districts …

243.460. Notice to be published — form — jurisdiction of circuit court. — 1. When such petition shall have been filed in the office of the clerk of the circuit court of the county wherein lies the greatest number of acres in the proposed consolidated district, the clerk shall imm…

243.470. Objections to petition for consolidation may be filed — proceedings. — 1. Any owner of real estate or other property in said proposed district objecting to the organization and incorporation of said drainage district, who did not sign the petition, shall, on or before th…

243.475. Consolidation of district organized by circuit court and district organized by county commission, effect — laws governing. — 1. Any district organized under the provisions of this chapter may become consolidated with a district organized under the provisions of chapter 2…

243.480. Failure or refusal of official to perform duty — penalty. — If any engineer or county commission or clerk of the circuit court or other official shall neglect or refuse to perform any duty imposed by the provisions of this chapter, he shall forfeit and pay a fine of one …