88.083. Street grading--benefits, assessments, lien on property--special judgment and execution. - Missouri Statutes

Street grading--benefits, assessments, lien on property--specialjudgment and execution.

88.083. It shall be the duty of the commissioners, in everycase where damages are allowed as aforesaid, to provide for thepayment of such damages by assessing against the city the amountof benefit, if any, to the public generally by reason of thechange, enlargement or improvement aforesaid, and the balance, ifany, against all property which shall, in the opinion of thecommissioners, be especially benefited by the proposed change,enlargement or improvement, to the amount that each lot or tractof ground shall be benefited thereby. The sum to be paid by theowners of the property especially benefited as aforesaid shall bea lien on the property charged from the date of the final decreeof the circuit court, and the court, when it makes such decreeand confirms the report of the commissioners, shall render aspecial judgment against each tract or parcel of private propertyassessed in said report for benefits, to the amount assessedagainst each tract and parcel, which judgment shall be a specialjudgment and bind the property and the interests of the defendanttherein. If said judgment is not paid within ten daysthereafter, then there shall be issued from said court in favorof the city a special execution against each tract or parcelseparately, and the same shall be sold in the same manner as isnow provided by law for sales of real estate under execution.Said judgment shall bear fifteen percent interest from ten daysfrom the rendition thereof; and the cost of such execution andproceedings thereunder shall be taxed against the defendants.

(RSMo 1939 § 7374)

Prior revisions: 1929 § 7223; 1919 § 8677; 1909 § 9554