228.190. Roads legally established, when--deemed abandoned, when--roads deemed public county roads, when. - Missouri Statutes

Roads legally established, when--deemed abandoned, when--roads deemedpublic county roads, when.

228.190. 1. All roads in this state that have been established byany order of the county commission, and have been used as public highwaysfor a period of ten years or more, shall be deemed legally establishedpublic roads; and all roads that have been used as such by the public forten years continuously, and upon which there shall have been expendedpublic money or labor for such period, shall be deemed legally establishedroads; and nonuse by the public for five years continuously of any publicroad shall be deemed an abandonment and vacation of the same.

2. From and after January 1, 1990, any road in any county that hasbeen identified as a county road for which the county receives allocationsof county aid road trust funds from or through the department oftransportation for a period of at least five years shall be conclusivelydeemed to be a public county road without further proof of the status ofthe road as a public road. No such public road shall be abandoned orvacated except through the actions of the county commission declaring suchroad vacated after public hearing, or through the process set out insection 228.110.

3. In any litigation where the subject of a public road is at issueunder this section, an exact location of the road is not required to beproven. Once the public road is determined to exist, the judge may order asurvey to be conducted to determine the exact location of the public roadand charge the costs of the survey to the party who asserted that thepublic road exists.

(RSMo 1939 § 8485, A.L. 1953 p. 674, A.L. 2006 S.B. 932, A.L. 2007 S.B. 22)

Prior revisions: 1929 § 7839; 1919 § 10635; 1909 § 10446

(2005) Road created by implied or common law dedication is subject to section's provision of abandonment through nonuse. Kleeman v. Kingsley, 167 S.W.3d 198 (Mo.App.S.D.).