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

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 …

243.490. County collector liable, when — penalty. — If any county collector of the revenue refuses, fails or neglects to make prompt payment of the tax or any part thereof collected under this chapter to the county treasurer as provided in said chapter, then he shall pay a penalt…

243.500. Validity of bonds issued unquestionable. — Hereafter when any bonds issued by any drainage district organized or incorporated under the laws of this state are sold for a sum or price allowed by law, and the proceeds of the sale thereof paid to the proper officer of the d…

243.510. Suits to be brought in name of state. — Suits on bonds for costs and the performance and completion of work on contract shall be brought in the name of the state of Missouri at the relation and to the use of the drainage district. ­­-------- (RSMo 1939 § 12440) Prior rev…

243.520. Appeals — procedure. — The clerk of the circuit court shall docket any appeal, styling the appellant the plaintiff and the drainage district the defendant, and the cause shall stand for trial and be tried as other appeal cases are tried in the circuit court. After the tr…

243.530. Chapter declared remedial in character and purpose. — 1. The repeal of article 4, chapter 41, RSMo 1909, shall not have the effect of suspending, abating, abridging, impairing, vitiating, or nullifying any right, power, remedy, or lien heretofore given, created or confer…

243.540. Penalty for violation of provisions of chapter. — Any person, corporation, member of the county commission or municipal corporation, convicted of a misdemeanor as defined by this chapter shall pay a fine of not less than five dollars nor more than one thousand dollars, a…

243.550. Petition for reassessment of benefits, form — procedure for maintenance levy or for a new tax to pay costs of plan for reclamation. — Whenever the owners of twenty-five percent or more of the acreage of the lands in the district shall file a petition with the county comm…

243.551. County commission to appoint three viewers, qualifications, duties — report, procedure — readjustment of benefits limited to once a year — payment may be by installments. — Thereupon the county commission shall appoint three viewers, possessing the qualifications of view…

243.553. Installments payable, when. — The payments of such installments, and such interest charge and the payments thereof, shall be as follows: (1) If such order is made on or after the first day of January and before the first day of November of any year, the first installment…

243.560. Bond issues authorized, amount — rate — payable when — county treasurer to sell — cost, not obligation of county. — 1. The county commission may, on behalf of the district, issue bonds not to exceed ninety percent of the total amount of the assessments levied under the p…

243.561. County commission to appropriate money to pay principal and interest on bonds — money collected to be deposited in separate fund, purpose. — A sufficient amount of the assessment levied under the provisions of sections 243.550 to 243.553 shall be appropriated by the coun…

243.563. Proceeds of assessment insufficient to pay principal and interest on bonds, procedure — funds derived from bond sale, purpose. — 1. It shall be the duty of the county commission in making assessments, as provided in this chapter, to take into account the maturing bonds a…

244.010. Drainage for agricultural or sanitary purposes. — The owner or owners of all or any part of any tract or parcel of swamp, wet, flat or overflowed land in this state, situated within or without any drainage or levee district organized under any laws of this state, shall h…

244.020. Disagreement on drainage methods — petition circuit court. — 1. When the owner or owners of the land to be drained or protected and the owner or owners of the land through or across which such improvements are to be built or constructed fail to agree as to the location o…

244.030. Filing of objections — hearing by court — appointment of commissioners. — 1. Such petition, as soon as so signed, shall be filed in the office of the circuit clerk of the county in which is situate the land that will be affected by the proposed improvements; each person …

244.040. Duties of commissioners. — Within twenty days after so qualifying, unless prevented by sickness or some other good cause, said commissioners shall proceed to view the premises and perform their duties. They shall be furnished by the clerk of the circuit court a copy of t…

244.050. Notification of commissioners' report — filing of objections. — Within ten days after the filing of the commissioners' report the clerk of the circuit court shall give notice of such filing to each landowner, and said notice shall state the hour and date at which the cir…

244.060. Confirmation or rejection of report — payment of costs. — Said circuit court shall hear all such objections in a summary manner and without unnecessary delay, and should it find that no objection should be sustained, the court shall approve and confirm said report, but i…

244.070. Limitation on improvements — dismissal of case, when. — 1. The word "tract" and "parcel" of land as used in this chapter shall include town lots or other subdivisions of land according to ownership. Persons desiring to drain or protect land under the provisions of this c…

244.080. Appeals from circuit court decision. — Any person may appeal from the decision or decree of the circuit court as provided by law in other civil actions. Such appeal shall not act as a supersedeas or delay construction of either the ditch or levee or laying of the tile, b…

244.090. Disagreement on manner of construction — petition circuit court. — 1. The owner or owners of the land benefitted shall have the right, without obtaining permission of the circuit court, to construct the ditch or levee or lay the tile or to arrange to have such constructe…

244.100. Rights of owners after construction. — The owners of the land benefitted shall have the right at any time after the ditch, tile or levee has been completed, to go upon the land through or upon which such works shall have been built and repair the same, but no right to en…

244.110. Compensation — appointment of special commissioners and surveyor. — 1. The parties petitioning shall be liable for all costs incurred on account of any proceeding under this chapter. Each commissioner shall receive for his services two dollars for each day employed and n…

244.120. Amendment of petition — rights of landowner. — 1. The petition as signed and filed under the provisions of this chapter may be amended at any time as other pleadings in other cases. 2. The owner or owners of land within or without any levee or drainage district organized…

244.130. Penalty for obstructing ditch — inspection of lands without owner's consent. — 1. Any person or persons, copartnership or corporation willfully filling up or obstructing or impairing the usefulness of any ditch, tile or levee constructed under the provisions of this chap…

245.010. Definitions. — 1. The term "levee districts" as used in sections 245.010 to 245.280, and all other terms or provisions of law contained in sections 245.010 to 245.280, which have heretofore been interpreted, as apply to said levee districts, shall be construed to include…

245.015. Owners may form levee district, where — articles of incorporation to be filed in circuit court. — 1. The owners of a majority of the acreage in any contiguous body of swamp, wet or overflowed land or other property in the nature of individual or corporate franchises in t…