233.210. Protests and objections considered by commission--order of commission.

MISSOURI STATUTES AND CODES

233.210. Protests and objections considered by commission--order of commission.

Protests and objections considered by commission--order ofcommission.

233.210. 1. Anyone owning land in the district withinone-half mile of such public road or part of a public road, may,at any time before the day the county commission, as stated insuch notice, is to consider protests, objections and exceptions,file with the clerk of the county commission written protestsagainst the improvement of said public road or part of a publicroad. Such protests shall be signed by the party protesting, anddescribe the land owned by him that is within such district andwithin one-half mile of said public road or part of a publicroad, and the number of acres thereof; and anyone interested inland in the district may show any reason there may be why suchpublic road or part of a public road cannot be so improved andthe cost thereof charged against the lands in the district.

2. The county commission, on said day or as soon thereafteras the business of the commission will permit, shall considersaid petition and any such protests as may have been so filed toimproving such public road or part of a public road; and anyreason that may be shown why such public road or part of a publicroad cannot be so improved and the cost thereof charged againstthe lands in the district. Such petition shall be prima facieevidence of the allegations contained therein.

3. If any such protests have been so filed and the countycommission finds after a hearing that such protests have been sofiled by owners of a majority of the acres of land in thedistrict that is within one-half mile of said public road or partof a public road; or if sufficient reason should be shown to thecounty commission why such public road or part of a public roadcannot be so improved and the cost thereof charged against thelands in the district, it shall ascertain the cost and expenseincurred by the commissioners in the preparation of such plans,specifications, estimate, map and profile, and said list oflands, and shall dismiss such petition and render judgmentagainst the petitioners for costs including such cost and expenseincurred by said commissioners.

4. But if the county commission finds that such protestshave not been so filed by owners of a majority of the acres ofland in the district that is within one-half mile of said publicroad or part of a public road, and fails to find that sufficientreason has been shown why such public road or part of a publicroad cannot be so improved and the cost thereof charged againstthe lands in the district, and the county commission finds thatsuch public road or part of a public road has been lawfullyestablished as such, and that the clerk of the county commissiongave notice as required by sections 233.170 to 233.315 of thefiling with him of said petition, plans, specifications andestimate, and list of the lands in the district, the countycommission shall consider said list of lands, and hear andconsider any objections and exceptions that may be made theretoor to any valuations therein indicated. Such hearing may becontinued from time to time as the ends of justice may require.

5. After consideration of all such objections andexceptions, if any, and hearing such evidence as may be offered,the county commission shall make any alterations and correctionsin the list of lands and in the valuations fixed by thecommissioners on any lands in the district, or fix suchvaluations on the lands in the district, as it may deem proper,and shall thereupon approve such list of lands, and order theclerk of the county commission to annex to said list of lands acertificate of such approval; and the county commission shallascertain and declare the estimated cost of such improvement asappearing by the estimate prepared or approved by the statehighway engineer, the cost and expense incurred by thecommissioners in the preparation of such plans, specifications,estimate, map and profile, and said list of lands, and areasonable attorney's fee for such petitioners, and the probableworking, administrative and incidental expenses that may beincurred in so improving said public road or part of a publicroad and procuring, collecting and paying the cost thereof, andshall order that a special tax for the aggregate amount thereof,plus ten percent of said aggregate amount for emergencies, beassessed against the lands in the district, and that such publicroad or part of a public road be improved in accordance with theplans and specifications so filed with the clerk of the countycommission; and the commission shall ascertain and state in suchorder the number of installments stated in such petition, inwhich the petitioners desire that the cost of such improvement bepayable.