228.100. Condemnation proceedings, when. - Missouri Statutes

Condemnation proceedings, when.

228.100. If it appears that any person through whose landssuch proposed road should run has failed or refused to relinquishthe right-of-way, or is not willing to take the amount of damagesoffered him by the commission or petitioners, or both, or in caseany such owner is incapable of contracting or is a nonresident ofthis state, and it further appears to the county commission thatthe proposed road is of such great public utility as to warrantits establishment, the county commission shall order the roadestablished and shall direct the prosecuting attorney of thecounty to institute proceedings in the name of the county in thecircuit court for the purpose of condemning such lands. Suchproceedings shall be instituted and conducted by said prosecutingattorney under the provisions of chapter 523, RSMo.

(L. 1949 p. 551 § 8476)

CROSS REFERENCE:

County commission may institute condemnation proceedings for what purposes, RSMo 49.300

(1965) Sections 49.300 and 228.100 in combination indicate a legislative intent to cover the entire subject of the judicial phases of condemnation proceedings by county courts and, therefore, they supersede and by implication repeal contrary provisions in § 228.180. County of Greene v. Hammons (Mo.), 389 S.W.2d 843.