228.352. Nonjury hearing, purpose--court order, issued when.

MISSOURI STATUTES AND CODES

228.352. Nonjury hearing, purpose--court order, issued when.

Nonjury hearing, purpose--court order, issued when.

228.352. After the time for filing the answer to thepetition has expired and after the parties have had a reasonabletime for discovery, the court shall conduct a nonjury hearingduring which the parties may submit evidence pertaining to theallegations of the petition and to the proposed location of theprivate road. If the court determines upon a petition toestablish a private road that there is access to a public road orthat the way sought is not a way of strict necessity, then thepetition shall be dismissed. If the court determines that thereis no access to a public road and the way sought is a way ofstrict necessity, then it shall further determine the location ofa private road that is situated so as to do as little damage orinjury and cause as little inconvenience as practicable to thedefendants. If the court determines upon a petition to widen aprivate road that there is not sufficiently wide access toutilize the property for the uses permitted by law, then it shallfurther determine the location at the side or sides of theexisting private road of the widening so as to do as littledamage or injury and cause as little inconvenience as practicableto the defendants. The court shall then enter an interlocutoryorder for the establishment or widening of the private road atthe location determined by the court. As part of suchinterlocutory order, the court shall also designate which partyor parties shall be responsible for the construction, maintenanceand repair of the private road and shall set out the nature andscope of the parties' rights to the use and the enjoyment of theprivate road. However, the court shall not order the defendantsto share responsibility for the construction, maintenance orrepair of the private road if, under the court order, thedefendants are not granted any rights to the use and enjoyment ofthe private road, or if any such rights are granted and thedefendants waive such rights.