228.362. Use of road allowed, when--liability for damage to road--abandonment of proceedings, effect--use of road before judgment, when. - Missouri Statutes

Use of road allowed, when--liability for damage to road--abandonmentof proceedings, effect--use of road before judgment, when.

228.362. 1. Unless exceptions to the commissioners' reporthave been filed pursuant to section 228.358, the plaintiffs shallnot be entitled to use of the private road until judgment isentered and becomes final and appeals, if any, have beenexhausted and the plaintiffs have satisfied the damage awardcontained in the judgment. The plaintiffs may voluntarilyabandon the proceedings and dismiss the petition at any timeprior to satisfaction of the damage award, and if the plaintiffsdo not satisfy the damage award within sixty days following thedate upon which the judgment becomes final and appeals, if any,have been exhausted, then the proceedings shall be deemedabandoned. In either instance, the circuit court shall retainjurisdiction solely to enter an order vacating the judgment,dismissing the petition and ordering disposition of the bond, ifany. No execution shall issue on the damage award. If theplaintiffs shall have used the private road before judgment hasbecome final and appeals, if any, have been exhausted and theprivate road is not for any reason established according to theterms of sections 228.342 to 228.368, after final judgment andappeals, the plaintiffs and their sureties shall be liable ontheir bond for all damages and costs occasioned by such use ofthe private road. If the petition is voluntarily dismissed afterthe filing of the commissioners' report or is deemed abandoned,the plaintiffs and the successors and assigns to the realproperty which was the subject of the petition shall be barredfor a period of seven years from the date of the abandonment ordismissal from filing another petition under sections 228.342 to228.368, for the establishment of a private road over the same orany part of the real property over which the private road wassought in the prior petition.

2. If a party files exceptions to the commissioners' reportpursuant to this section, the plaintiffs shall be entitled to useof the private road before judgment is entered and becomes finaland appeals, if any, have been exhausted, if the plaintiffs shallhave given an appeal bond in an amount as the circuit court deemssufficient to pay the probable damages that plaintiffs will oweand costs.

(L. 1991 S.B. 138 § 7, A.L. 1993 S.B. 180)

*S.B. 180 and S.B. 236 both amended this section during the 1st Regular Session of the 87th General Assembly, 1993. Due to conflict, both versions are printed here.

Use of road allowed, when--damages for use allowed, when--abandonmentof proceedings, effect.

228.362. If any party has filed exceptions to thecommissioners' report pursuant to section 228.358, the plaintiffsshall be entitled to use of the private road before judgment isentered and becomes final and appeals, if any, have beenexhausted, if the plaintiffs shall have given an appeal bond insuch amount as the circuit court deems sufficient to pay theprobable damages that plaintiffs will owe plus costs. Otherwise,the plaintiffs shall not be entitled to use of the private roaduntil judgment is entered and becomes final and appeals, if any,have been exhausted and the plaintiffs have satisfied the damageaward contained in the judgment. The plaintiffs may voluntarilyabandon the proceedings and dismiss the petition at any timeprior to satisfaction of the damage award, and if the plaintiffsdo not satisfy the damage award within sixty days following thedate upon which the judgment becomes final and appeals, if any,have been exhausted, then the proceedings shall be deemedabandoned. In either instance, the circuit court shall retainjurisdiction solely to enter an order vacating the judgment,dismissing the petition, and ordering disposition of the bond, ifany. No execution shall issue on the damage award. If theplaintiffs shall have used the private road before judgment hasbecome final and appeals, if any, have been exhausted, and theprivate road is not, for any reason, established according to theterms of sections 228.342 to 228.368 after final judgment andappeals, the plaintiffs and their sureties shall be liable ontheir bond for all damages and costs occasioned by such use ofthe private road. If the petition is voluntarily dismissed afterthe filing of the commissioners' report or is deemed abandoned,the plaintiffs and the successors and assigns to the realproperty which was the subject of the petition shall be barredfor a period of seven years from the date of the abandonment ordismissal from filing another petition under sections 228.342 to228.368, for the establishment or widening of a private road overthe same or any part of the real property over which the privateroad was sought in the prior petition.

(L. 1991 S.B. 138 § 7, A.L. 1993 S.B. 236)

*S.B. 180 and S.B. 236 both amended this section during the 1st Regular Session of the 87th General Assembly, 1993. Due to conflict, both versions are printed here.