228.110. Roads may be vacated, how. - Missouri Statutes

Roads may be vacated, how.

228.110. 1. Any twelve residents of the township or townshipsthrough which a road runs may make application for the vacation of any suchroad or part of the same as useless, and the repairing of the same anunreasonable burden upon the district or districts. The petition shall bepublicly read on the first day of the term at which it is presented, andthe matter continued without further proceedings until the next term.

2. Notice of the filing of such petition and of the road sought to bevacated shall be posted up in not less than three public places in suchtownship or townships, at least twenty days before the first day of thenext term of the commission, and a copy of the same shall be personallyserved on all the persons residing in the district whose lands are crossedor touched by the road proposed to be vacated in the same manner as othernotices are required to be served by law; and at the next regular term thesame shall again be publicly read on the first day thereof.

3. If no remonstrance is made thereto in writing, signed by at leasttwelve residents of the township, the commission may proceed to vacate suchroad, or any part thereof, at the cost of the petitioners; but if aremonstrance thereto in writing, signed by at least twelve residents ofsuch township or townships, is filed, and the commission after consideringthe same shall decide that it is just to vacate such road, or any partthereof, against the vacation of which the remonstrance was filed, thecosts shall be paid by the parties remonstrating, and the original costs,and damages for opening such vacated road shall be paid by the petitionersto those who paid the same, except that if five years have elapsed sincethe original opening of the same no such reimbursement shall be made.

4. Notwithstanding any other provision of this section to thecontrary, in any county with a charter form of government, any twenty-fiveresidents of the county through which a road subject to this section runsand who reside on any portion of such road or on another road thatintersects such road and within one mile of the right-of-way to be vacated,may apply for the vacation of such road or part of such road as no longerserving the public health, safety, and welfare. The county may, by orderor ordinance, provide for notice and hearing of such petitions and forfiling and hearing remonstrances against them.

(RSMo 1939 § 8482, A.L. 1990 H.B. 1070, A.L. 2007 S.B. 22)

Prior revisions: 1929 § 7836; 1919 § 10634; 1909 § 10445

CROSS REFERENCES:

City streets, how vacated, RSMo 71.240 to 71.280

Temporary abandonment to permit mining, limited to certain counties, procedure, RSMo 229.420 to 229.450

Vacation of streets in cemeteries, proceedings, RSMo 214.060, 214.070