226.150. Commission directed to comply with acts of Congress relating to road funds and road work--may sell unnecessary tools, commission employees not to purchase, exception. - Missouri Statutes

Commission directed to comply with acts of Congress relating to roadfunds and road work--may sell unnecessary tools, commission employeesnot to purchase, exception.

226.150. The commission is hereby directed to comply withthe provisions of any act of Congress providing for thedistribution and expenditure of funds of the United Statesappropriated by Congress for highway construction, and to complywith any of the rules or conditions made by the Bureau of PublicRoads of the Department of Agriculture, or other branch of theUnited States government, acting under the provisions of federallaw in order to secure to the state of Missouri funds allotted tothis state by the United States government for highwayconstruction. The commission is authorized to pay the state'sproportion of the cost of roads constructed with federal andstate funds out of the state road fund. Any money due to thestate of Missouri from the United States, under the provisions ofsuch acts of Congress, relating to highway construction, shall bereceived by the state treasury and deposited in a separate fund,and paid out by the state treasurer on requisitions drawn by anofficer of the state highways and transportation commission on awarrant of the state auditor. Said funds being the funds of thefederal government allotted to the state of Missouri, noappropriation of the general assembly for the expenditure of suchfunds shall be necessary. The commission is authorized toaccept, receive and utilize any road machinery, trucks orsupplies donated, loaned or sold to the state by the federalgovernment, and to pay the necessary transportation and otherexpenses of securing the same. The commission may also sell anyunnecessary or surplus tools or equipment and receive paymenttherefor and all money received on account of such sales, if any,shall be immediately paid into the state treasury to the creditof the state road fund; provided, however, that no suchunnecessary or surplus tools or equipment shall be sold directlyor indirectly by the commission to any employees of thetransportation department except when such sales are made atpublic sale open to the general public.

(RSMo 1939 § 8754, A.L. 1977 H.B. 185)

Prior revision: 1929 § 8106

(1975) Failure to negotiate as required by federal law deprives trial court of jurisdiction and prohibition is proper remedy for condemnee. State ex rel. Weatherby Advertising v. Conley (Mo.), 527 S.W.2d 334.

(1987) This section does not require judicial review of Commission's compliance with federal funding in condemnation actions pursuant to section 523.010 where federal funds are being used and court did not err in denying landowner's subpoena for work product of appraisers issued for the purpose of determining whether condemnor complied with federal law by negotiating in good faith and in accordance with appraisers' reports. Mo. Highway & Transp. Com'n. v. Anderson, Anderson, 735 S.W.2d 350 (Mo.banc).

(1994) Expenditure of state road fund for mitigation plan required by federal Pipeline Safety Act is appropriate expenditure under Art. IV, Sec. 30(b), Mo. Const., as it relates and appertains to the construction of Page Avenue Extension of state highway. DeMere v. Missouri State Highway and Transportation Commission. 876 S.W.2d 652 (Mo.App.W.D.).