228.342. Establishment or widening of private road--strict necessity defined--who may petition. - Missouri Statutes

Establishment or widening of private road--strict necessitydefined--who may petition.

228.342. A private road may be established or widened infavor of any owner or owners of real property for which there isno access, or insufficiently wide access, from such property to apublic road if the private road sought to be established orwidened is a way of strict necessity. As used in this section,the term "strict necessity" shall include the necessity toestablish or widen a private road in order to utilize theproperty for the uses permitted by law. Any petition for theestablishment or widening of a private road shall be filed andthe proceeding shall be conducted in the circuit court of thecounty where the proposed road is to be located. The owners ofthe real property over which the proposed private road shall passshall be named as defendants.

(L. 1991 S.B. 138 § 1, A.L. 1993 S.B. 236)