204.340. Board to have power of eminent domain--may cross, traverse or follow public highways--restoration at cost of district.

MISSOURI STATUTES AND CODES

204.340. Board to have power of eminent domain--may cross, traverse or follow public highways--restoration at cost of district.

Board to have power of eminent domain--may cross, traverse orfollow public highways--restoration at cost of district.

204.340. 1. The board of trustees shall have the right tocondemn any land or other property within the district forright-of-way for trunk sewers or for any other improvement orstructure deemed necessary or advisable for or in connection withthe sewer and treatment system of the district, and in so doingshall follow the procedure that is provided by chapter 523, RSMo.The board of trustees shall also have the same authority to enterupon private lands to survey land or other property beforeexercise of the above condemnation powers as is granted undersection 388.210, RSMo, to railroad corporations.

2. The board of trustees in any first class nonchartercounty having a population of more than one hundred andforty-five thousand and less than one hundred and fifty thousandas determined by the preceding decennial census may acquire bypurchase, gift or condemnation or may lease or rent any real orpersonal property and in so doing shall follow the procedure thatis provided by chapter 523, RSMo. All the powers may beexercised both within or without the district as may be necessaryfor the exercise of its powers or the accomplishment of itspurposes.

3. The board of trustees of the district, if it is necessaryto cross, follow or traverse public streets, roads or alleys, orgrounds held or used as public parks or places, shall have theright to do so upon the following conditions: The board oftrustees shall file with the county commission or mayor of themunicipality having immediate jurisdiction over the street, road,alley or public park or place, a map showing the location andextent of the proposed occupancy for drainage purposes and a planof the proposed works, which plan shall be so made and arrangedas not to interfere with the ordinary and lawful use of thestreet, road, alley, public park or place, except during areasonable time for the construction of the necessary works.

4. The entire expense of the works and restoration of theground occupied to its former condition, as near as may be, shallbe borne by the district.