228.160. Roads may be enclosed and route changed, when. - Missouri Statutes

Roads may be enclosed and route changed, when.

228.160. Any person wishing to cultivate or enclose landthrough which any road may run may petition the countycommission, first giving notice, as in the case of new roads, forpermission to turn such road on his own land or on the land ofany other person consenting thereto, at his own expense. Thecommission shall thereupon cause the county highway engineer toview the same and report the practicability of the proposedchange and distances and situation of the ground, and proposedchanges, at the first term of the commission thereafter; and ifupon the report the commission be satisfied that the public willnot be in any manner injured thereby, or said road lengthened orthe grade thereof increased, or the road thrown on rougher land,it shall order such a change, and upon satisfactory proof of suchroad being opened in such manner as to be equally convenient totravelers, the commission shall make an order vacating so much ofthe former road as lies between the different points ofintersections, and cause the report thereof to be recorded.

(RSMo 1939 § 8481)

Prior revisions: 1929 § 7835; 1919 § 10633; 1909 § 10444

(1962) Remonstrants were not entitled to appeal from, or judicial review of, order of county court vacating roadway which had been relocated by construction of new road since proceeding was not an adversary proceeding and involved only the public interest. In re Roadway in Section 21, Township 60, Range 6, W. (Mo.), 357 S.W.2d 919.