Title XIV — ROADS AND WATERWAYS

235.010. Street light maintenance districts (first class counties). — A street light maintenance district may be organized as provided in this chapter in any county of class one. ­­-------- (L. 1947 V. I p. 452 § 1)

235.020. Purpose of district — location. — A street light maintenance district shall have for its purpose the maintenance and operation of the street lights on the streets of the district. Such district must be wholly within a county of class one, must consist of contiguous tract…

235.030. Petition for organization, contents. — The organization of a district shall be initiated by a petition filed in the office of the clerk of the county commission in the county in which the real property in the proposed district is situated. The petition shall be signed by…

235.040. Petition may be amended — filing fee. — 1. No petition with the requisite signatures shall be declared null and void on account of alleged defects, but the county commission may at any time permit the petition to be amended to conform with the facts, by correcting any er…

235.050. Notice to be published, when. — Immediately after the filing of such petition, the county commission shall, by order, fix a time and place not less than thirty days nor more than sixty days after the petition is filed for a hearing thereon, and thereupon the county clerk…

235.060. Protesting petition. — Any time after the filing of a petition for the organization of a district and before the day fixed for the hearing thereon, a petition may be filed in the office of the county clerk protesting against the creation of the proposed district. Such pr…

235.070. County commission to declare district organized — election to ratify organization — board of directors, how selected. — 1. If it shall appear at the hearing that a petition for the organization of a district has been signed and presented, as provided in section 235.030, …

235.080. County commission findings and orders to be filed, where. — Within thirty days after the final order of the county commission in which said district has been declared a public corporation, the county clerk of said commission shall transmit to the recorder of deeds in the…

235.090. Board members to qualify, how — bonds. — Whenever a district has been declared duly and finally organized, the members of the board shall qualify by filing with the county clerk their oaths of office, which shall be in the form prescribed by the constitution, and such bo…

235.100. Selection of officers — seal — duties of secretary. — After taking their oaths and filing their bonds, the board shall choose one of its members as chairman of the board and president of the district, and shall elect a secretary and a treasurer of the board and of the di…

235.110. Treasurer's bond — financial statement. — The treasurer shall keep strict and accurate accounts of all money received by and disbursed for and on behalf of the district in permanent records. He shall file with the county clerk, at the expense of the district, a corporate…

235.120. Attendance fee — expenses — power of removal. — Each member of the board shall receive an attendance fee in an amount not to exceed fifty dollars per diem for attending each regularly called board meeting, but shall not be paid for attending more than one in any calendar…

235.130. Board meetings — quorum — vacancies, how filled. — The board shall meet at the place to be designated by the board as often as the needs of the district require, on notice to each member of the board. Two members of the board shall constitute a quorum at any meeting. Any…

235.140. Election of new board members, when. — 1. At the general election in the year after the first full calendar year after the organization of any district and at the general election thereafter, there shall be elected by the voters of the district one member of the board to…

235.150. Powers — authority and privileges of board. — For the purpose of providing for the maintenance of street lighting within the district, the district and, on its behalf, the board, shall have the following powers, authority and privileges: (1) To have perpetual existence; …

235.160. Power of taxation. — For the purpose of providing revenue for such districts, the board shall have the power and authority to order the levy and collection of ad valorem taxes on and against all taxable tangible property within the district, and to make timely demand for…

235.170. Board to fix rate of taxation. — To levy and collect taxes as provided in section 235.160, the board shall in each year determine the amount of money necessary to be raised by taxation, and shall fix a rate of levy which, when levied upon every dollar of the taxable tang…

235.175. Increase of tax rate — election — form of ballot — maximum rate. — 1. Before the board of directors of any street light maintenance district may increase the district's current tax levy, the proposed increase must be approved by a majority of the voters voting thereon. 2…

235.180. Board to certify rate of levy to county commission. — On or before the first day of September of each year, the board shall certify to the county commission of the county within which the district is located a rate of levy so fixed by the board as provided by law, with d…

235.190. Taxes to be levied and collected as other taxes. — It shall be the duty of the body having authority to levy taxes within the county to levy the taxes provided in this law, and it shall be the duty of all officials charged with the duty of collecting taxes to collect suc…

235.200. Property to be sold for delinquent taxes — manner. — If the taxes levied are not paid as provided in section 235.190, then the delinquent real property shall be sold at the regular tax sale for the payment of said taxes, interest and penalties, in the manner provided by …

235.210. Boundaries of district may be altered to include new territory — annexation, procedure. — 1. The boundaries of any district organized under the provisions of this law may be changed in the manner prescribed in this section and in section 235.220, but any change of bounda…

235.220. Boundaries may be altered to exclude certain territory, how. — 1. The owner or owners of any real or personal property contained within the boundaries of the district may file with the board a petition praying that such property be excluded and taken from said district. …

235.230. Property subject to taxation. — All real property included within, or excluded from, a district shall thereafter be subject to the levy of taxes for the payment of any indebtedness of the district outstanding at the time of inclusion or exclusion; provided, however, that…

235.240. Annexation of district by municipality. — Any provision of the law to the contrary notwithstanding, no city, town or village shall annex a part of the territory of any district; but nothing herein shall be construed so as to prevent the annexation of the whole of the ter…

235.250. Dissolution of district, election for, when required — form of ballot. — 1. Whenever a petition signed by not less than one hundred voters in any district organized under the provisions of this chapter shall have been filed with the county commission setting forth all th…

235.260. Dissolution of district, when — procedure. — 1. If the commission shall find that it is to the best interest of the inhabitants of said district * that such district be dissolved, it shall make an order reciting the same and providing for the submission of the question t…

235.270. Appointment of trustee to liquidate district. — No dissolution of such district shall invalidate or affect any right accruing to such district, or to any person, or invalidate or affect any contract or indebtedness entered into or imposed upon such district or person; an…

236.010. Dams across nonnavigable streams — who may erect. — Any person or corporation chartered and organized to construct, operate and maintain mills, electric power and light works, or other machinery, may erect a dam across any watercourse, not being a navigable stream, if su…

236.020. Owner of land on one side of stream may erect dam. — Any person or corporation chartered and organized to construct, operate and maintain mills, electric power and light works, or other machinery, being the owner, in fee simple, of the land on one side of such watercours…

236.030. Petition to be filed in circuit court — contents. — In the case supposed in section 236.010, the person or corporation proposing to erect a dam shall file a petition in the circuit court of the county in which it is proposed to erect such mill, electric power and light w…

236.040. Additional information to be set out. — In the case supposed in section 236.020, the person or corporation proposing to erect a dam shall file a petition as provided in section 236.030, and in addition thereto shall set forth: (1) The name and place of residence of the o…

236.050. Petition, where filed. — Such petition shall be filed in the circuit court of the county within which the petitioner proposes to erect such mill, electric power and light works, or other machinery. ­­-------- (RSMo 1939 § 10290) Prior revisions: 1929 § 9161; 1919 § 7403;…

236.060. Writ of ad quod damnum. — Upon filing the petition, it shall be the duty of the court to cause a writ of ad quod damnum to be issued, under the seal of the court, directed to the sheriff, commanding him to summon twelve fit persons of his county to meet at the place wher…

236.070. Duty of sheriff in executing writ. — The sheriff shall attend the jury on the day and at the place appointed, and upon full examination, inquire by such jury: (1) What damage each proprietor will sustain by reason of inundation consequent upon the erection of the dam, as…

236.080. Acre of ground to be set apart, when. — In the case supposed in section 236.020, the sheriff shall further inquire by the jury the value of the acre of land mentioned in the prayer of the petition, and set apart the same by metes and bounds. ­­-------- (RSMo 1939 § 10293…

236.090. Proprietor to be notified of the inquest. — In such case the sheriff shall give the proprietor of the land whereof one acre is prayed for, a reasonable notice of the time and place when and where he will take the inquest of the jury, if such proprietor be in his county, …

236.100. Sheriff and jury may act in adjoining county. — The sheriff and jury may enter and act in an adjoining county when necessary to the discharge of their duties. ­­-------- (RSMo 1939 § 10295) Prior revisions: 1929 § 9166; 1919 § 7408; 1909 § 5465

236.110. Inquest to be in writing. — The inquest of the jury shall be reduced to writing, signed by each of the jurors, and returned by the sheriff, together with the writ and a statement of the manner in which he executed it, into the court whence it issued, without delay. ­­---…

236.120. Proceedings on return of inquest. — Upon the return of such inquest and writ, any person aggrieved by the verdict of the jury may file his objections to the proceedings under such writ, and to the verdict, and show cause why the proceedings should be quashed and the verd…

236.130. Issues to be tried as in civil cases. — The court may thereupon direct issues to be made up and tried as in other civil cases, and if good cause be shown therefor, the court shall quash the proceedings and set aside the verdict. ­­-------- (RSMo 1939 § 10298) Prior revis…

[Repealed or reserved.]

236.150. Court may order new writ. — The court, on motion, may order a new writ of ad quod damnum to issue, for the purpose of having the damages assessed according to law. ­­-------- (RSMo 1939 § 10300) Prior revisions: 1929 § 9171; 1919 § 7413; 1909 § 5470

236.160. Court may enter order to erect dam, when. — If no objections be filed to the proceedings under the writ or to the verdict of the jury, and it shall appear to the court, upon a view of the inquest, that the mansion house of any proprietor, or the outhouse, curtilages or g…

236.170. Court shall include in its order, what. — When the party petitioning prays for an acre of land whereon to abut his dam, the court shall include in its order, if the petition is granted, a judgment vesting the title of such acre of land in the party petitioning, his heirs…

236.180. Privilege to erect subject to certain conditions. — The judgment and order authorized by sections 236.160 and 236.170, and the rights and privileges thereby granted, shall, in all cases, be upon and subject to the conditions following: (1) Such conditions in reference to…

236.190. Land decreed for mill privileges to revert, when. — In case of noncompliance with any of the conditions concerning the building, rebuilding or repairing, where the land of another shall have been adjudged by the court for the purpose of an abutment, the same shall revert…

236.200. Height of dam, how increased. — Any owner of any dam or mill, electric power and light works, or other machinery, erected by virtue of this or any previous law, may increase the altitude of his dam by permission of the court, under and by the same proceedings, regulation…

236.210. Inquest not to bar right of action, when. — The inquest of the jury, or the order and permission of the court founded thereupon, shall not bar any prosecution or action for injuries caused by the erections herein contemplated, except such as were actually foreseen and es…

236.220. Power of court to prevent erection of dam. — The circuit court of the proper county shall have power, upon petition, to prevent the erection or raising of any dam, stoppage, or obstruction across any stream which shall operate as a nuisance and be injurious to any mill, …