233.205. Petitions for road improvement--proceedings.

MISSOURI STATUTES AND CODES

233.205. Petitions for road improvement--proceedings.

Petitions for road improvement--proceedings.

233.205. 1. Whenever, in any road district so incorporated,a petition, signed by the owners of a majority of the acres ofthe land in the district that is within one-half mile of a publicroad or a part of a public road in the district, is delivered tothe president or secretary of the board of special road districtcommissioners of the district, praying that such public road orpart of a public road be permanently improved and the cost of theimprovement assessed against all lands in the district, andstating therein the points between which the improvement isdesired, and the nature and kind of improvement desired, andstating the number of installments, not exceeding fifteen, inwhich they desire that such cost be payable, said commissionersshall procure, prepare, or cause to be prepared, a map of thedistrict and have such public road or part of a public roadindicated thereon, and shall prepare, or cause to be prepared, aprofile of such public road or part of a public road, and plansand specifications for the improvement of such road or part of apublic road, and an estimate of the cost of making suchimprovement.

2. Such map, profile and plans and specifications, or a copythereof, and such estimate shall, upon the completion thereof, besubmitted to the state highway engineer for approval, who shallapprove the same or so revise them that they will meet with hisapproval, or prepare such plans and specifications and estimateas will meet with his approval, and return to the commissionerssaid map and profile, or a copy thereof, and such plans andspecifications and estimate of the cost of such improvement as hemay prepare or approve of.

3. And said special road district commissioners shall fix afair and impartial valuation on each tract of land within saiddistrict independent of the buildings thereon, and prepare a listof the lands within the district, and indicate in such list thevaluation so fixed upon each tract of said land and what tractslie within one-half mile of said public road or part of a publicroad, and what tracts, if any, at a greater distance thanone-half mile and less than one mile, and what tracts, if any, ata greater distance than one mile and less than one and one-halfmiles, and what tracts, if any, at a greater distance than oneand one-half miles. If said commissioners cannot agree upon thevaluation to be fixed upon any tract of land in the district,they shall arrive at the value thereof by adding together thevaluation placed thereon independent of the buildings thereon byeach of the commissioners and dividing the total thereof bythree.

4. Said special road district commissioners, upon completionof such list of lands, shall annex a certificate thereto thatthey believe the same to be correct, and they shall acknowledgeexecution of such certificate as deeds of real estate arerequired to be acknowledged; and upon completion of such list oflands, and annexing such certificate thereto and so acknowledgingexecution of such certificate, and receiving from the statehighway engineer plans and specifications prepared or approved byhim for the improvement of said public road or part of a publicroad, and an estimate prepared or approved by him of the cost ofsuch improvement, the commissioners shall file such petition andsaid list of lands, and said map and profile or a copy thereof,and the plans and specifications and estimate prepared orapproved by the state highway engineer, with the clerk of thecounty commission, who shall thereupon give notice, by at leasttwo publications in some weekly newspaper published in thecounty, that said commissioners have filed with him a petition,purporting to be signed by landowners of said district, forimprovement of a public road or a part of a public road in saiddistrict, and plans and specifications for such improvement andan estimate of the cost thereof, and a list of the lands in thedistrict in which is indicated the valuation fixed by them oneach tract of said lands independent of buildings thereon, andsuch notice shall state a day, not less than two weeks later thanthe date of the first publication of such notice, upon which thecounty commission will be in session and will consider protestsagainst such improvement and objections and exceptions to suchpetition and such list of lands and the valuations thereinindicated.

5. Should the county commission fail for any cause to be insession on the day stated in such notice, the clerk shall give anew notice appointing some other day for the consideration ofsuch protests, objections and exceptions.