226.420. Powers and duties of state transportation department in parkway area. - Missouri Statutes

Powers and duties of state transportation department inparkway area.

226.420. The state transportation department is herebyauthorized to:

(1) Acquire and convey to the United States parkway areas inaccordance with the provisions of sections 226.280 to 226.430;

(2) Construct or rearrange fencing along parkway landboundary, cattle passes, and water supply lines to adjoininglandowners; change overhead wires; construct underground wire andpipe crossings; reconstruct public and private roads; make landand topographic surveys; provide and set permanent land boundarymarkers, and prepare land maps and conduct condemnation suits.

(3) Exercise within its constitutional limitations, theright of eminent domain to appropriate and condemn land or watersof sufficient width to conform to the requirements of sections226.280 to 226.430, and to convey same to the United States forparkway, easement, or recreational purposes (title to the landvesting in the state upon institution of such proceedings); andto acquire fee simple areas, scenic and other easements and areasrequested for revetments, quarries, gravel, dredging and borrowpits found necessary for parkway construction;

(4) Authorize representatives of the state and the UnitedStates to enter upon private lands for the purpose of makingsurveys; and protect parkway areas by state authority afteracquisition by the state and acceptance by the secretary untilsuch time prior or subsequent to construction as the former ownershall have received full compensation therefor from the state;

(5) Provide for the relocation or abandonment of sections oflocal, public and private roads, or of railroads by agreementstherewith, on parkway land as may be necessitated by the designand construction of the parkway when such relocation orabandonment does not interfere with flood control projects orrulings of the state public service commission;

(6) Authorize the conveyance of all or portions ofstate-owned areas and state-owned easements to the United Statesof sufficient amount to conform to the requirements of sections226.280 to 226.430 when the parkway extends through state-ownedareas or absorbs state-owned easements;

(7) Provide for assuming indebtedness or securing releasestherefrom through irrigation, flood control, drainage or otherpolitical districts or subdivisions wherever outstandingindebtedness exists therein;

(8) Provide for the concurrent jurisdiction of the state andthe United States over the parkway areas after title theretobecomes vested in the United States;

(9) Authorize as soon as the route of the parkway shall bedetermined, the immediate payment of premiums on standing timber,pending final purchase in order to discourage timber cutting byowners during the negotiation period;

(10) Authorize the elimination of existing and the denial ofnew frontage or access rights to the parkway road and on parkwayland to landowners whose land abuts the parkway land by one ormore of the following remedies: Purchase or acquire residualtracts by excess condemnation, provision of other means of accessto public highways, acquisition of private rights-of-way or byadjustment of damages;

(11) Require the elimination of stock grazing on parkwayland or the unrestricted use therefor of such land by adjacentlandowners;

(12) Authorize preliminary surveys and preparation oftopographic plats of the flagged locations of the parkway road,for the purpose of aiding the federal engineers in determiningthe final location of the parkway road and parkway landboundaries;

(13) Authorize the leasing of parkway land on termssatisfactory to the secretary during the period of negotiation,from the time land is acquired by the state and before it istransferred to the United States.

(RSMo 1939 § 8805)