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

242.580. Drainage tax, when delinquent — penalty. — All taxes provided for in sections 242.010 to 242.690 remaining unpaid after December thirty-first of the year for which said taxes were levied shall become delinquent and bear a penalty of one percent per month on the amount of…

242.590. Drainage tax to constitute a lien — certification of drainage tax record. — 1. All drainage taxes provided for in sections 242.010 to 242.690, together with all penalties for default in payment of the same, all costs in collecting the same, including a reasonable attorne…

242.600. Suits for taxes — evidence — procedure. — 1. The drainage tax book of the district, as returned by the collector of the revenue to the secretary of the board of supervisors of the drainage district, shall be prima facie evidence in all courts of all matters therein conta…

242.610. Action instituted against whom — notice filed, effect. — 1. Whenever any drainage or levee district heretofore or hereafter organized or reorganized and existing under any of the drainage or levee laws of the state of Missouri, shall hereafter institute an action, in the…

242.620. Protection of drainage district lien. — 1. To protect said lien of said drainage taxes upon the lands and other property against which said taxes shall be levied, in any case where delinquent lands are offered for sale for such delinquent taxes, and the amount of the tax…

242.630. Unpaid warrants to draw interest. — Any warrant issued under sections 242.010 to 242.690 that is not paid when presented to the treasurer of the board of supervisors of the district, because of lack of funds in the treasury, such fact shall be endorsed on the back of suc…

242.640. Surety bonds payable to district. — All surety bonds required to be given by sections 242.010 to 242.690 shall be made payable to the district by its corporate name, in which name all suits shall be instituted and prosecuted. All penalties herein named shall be payable t…

242.650. Change of venue limitation. — 1. No change of venue shall be allowed in any of the proceedings had under the provisions of sections 242.010 to 242.690, except where the judge of the court in which the articles of association have been filed shall be disqualified for any …

242.660. Action not to abate by reason of death of party. — No action under sections 242.010 to 242.690 shall abate by reason of the death or disability of any party to any proceeding, but upon suggestion of such death or disability the cause shall be immediately revived in the n…

242.670. Limited appeal from assessments. — No appeal from any action of the circuit court had under sections 242.010 to 242.690 shall be permitted to act as supersedeas or to delay any action or the prosecution of any work begun under the provisions of this law. ­­-------- (RSMo…

242.680. Existing rights not affected by sections 242.010 to 242.690. — Where proceedings have been begun under the provisions of the sections repealed by the act of April 8, 1905, they may be proceeded with and completed under the provisions of sections 242.010 to 242.690; provi…

242.690. Prior remedies not impaired by sections 242.010 to 242.690. — 1. The repeal of article 1 of chapter 41, RSMo 1909 and the repeal of an act amending and adding to said article 1, enacted in 1911 and found on pages 205 to 222 of the laws of Missouri of 1911, shall not have…

242.692. Major district and minor district defined. — The drainage district organized or reorganized under the provisions of sections 242.010 to 242.690, which desires to annex itself to another drainage district also so organized, either for outlet or other purposes, including h…

242.694. Petition for annexation by minor district — service. — The board of supervisors of any minor district may in behalf of said district and the landowners therein, file a petition praying to be annexed to a major drainage district organized under the same provisions of law,…

242.696. Acceptance or rejection of petition — notice — objections, hearing, decree — transfer of records and property. — 1. The board of supervisors of the major district shall, within ninety days after the service of a certified copy of petition upon the secretary of the major …

242.698. Appeal. — Any owner of lands or other property in the minor district shall have the right to appeal the finding or decree of the court annexing minor district to major district, said appeal to be prosecuted in the same manner as provided for appeals under the civil code.…

242.699. Construction — applicability. — The provisions herein contained are declared to be remedial in character, shall be liberally construed by the courts promptly and shall apply to districts already organized, in process of reorganization or to be hereafter organized or reor…

242.700. Drainage district may be formed on land containing mineral deposits. — The owners of a majority of the acreage in any contiguous body of lands or of lands having a common drainage, certified by the state geologist of this state to contain or probably contain valuable min…

242.710. Reclamation of mineralized lands. — In order more effectively to promote the drainage and reclamation of mineralized lands now organized or which may hereafter be organized hereunder, such districts shall have the power to purchase, construct, own or lease and operate a …

242.720. Survey and reclamation plan — how made — exceptions. — 1. The chief engineer appointed by the board of supervisors of any mine drainage district, as provided in section 242.220, shall make a survey of the lands, both surface and underground, within the district, and of a…

242.730. Pumping tax — levy, collection and use — contracts with landowners. — 1. The board of supervisors shall, in the resolution herein provided for, levy and provide for the collection of a pumping tax, in the form of a royalty on the mineral concentrates produced from the la…

242.740. Issuance and registration of bonds. — 1. The board of supervisors of any such mine drainage district may issue the bonds of such district as provided in section 242.480, except that in lieu of the basis of the issuance thereof as provided in section 242.450, the total am…

242.750. Credit for additional pumping operations. — In the event that the drainage operations conducted by any such drainage district shall not drain any tract of land therein to the depth of mining operations conducted on such tract, necessitating the operation by the owner of …

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…