88.842. Private sewers, regulation--liability for repair and expense of sewers--condemnation of sewer right-of-way. - Missouri Statutes

Private sewers, regulation--liability for repair and expenseof sewers--condemnation of sewer right-of-way.

88.842. 1. Private sewers connected with the public,district or joint district sewers may be constructed under suchrestrictions and regulations as the governing body of themunicipality may prescribe by general ordinance; but themunicipality shall be at no expense in the construction,repairing or cleaning of the same, or for any damage that mayarise from their construction.

2. The municipality shall incur no liability for buildingdistrict or joint district sewers other than in the mannerprovided in section 88.838, except when the city, town or villageis the owner of a lot of ground within the district or jointsewer district, and in such case the said municipality shall beliable for the cost of said sewer in the same manner as otherproperty owners within the district. The repair, cleaning andother incidental expenses of district and joint district sewersshall be paid out of the general appropriation for that purpose.

3. Whenever the governing body of the municipality shalldeem it necessary to run any sewer through private property, thegoverning body shall have power to condemn the same, or so muchthereof as may be necessary in the opinion of the governing bodyof the municipality for that purpose, in the same manner thatother private property may be condemned within the city, town orvillage for public uses, and should any sewer be laid through oron private property without the right therefor having been firstobtained by said municipality, the contractor, or any personinterested, may compel said city, town or village to exercise itsright of condemnation by mandamus or other appropriate remedy.

(L. 1959 S.B. 344 § 14)