233.503. Creation of, procedures--petition, objections, county commission to hold meeting--order incorporating, when issued, effect. - Missouri Statutes

Creation of, procedures--petition, objections, county commissionto hold meeting--order incorporating, when issued, effect.

233.503. 1. Whenever a petition, signed by the majorityof the owners of land within the subdistrict proposed to beorganized, and setting forth the proposed name of thesubdistrict, and giving the boundaries thereof and the number ofsigners and the names of other owners of land residing withinsuch boundaries so far as known, and praying for theorganization of a special road subdistrict in accordance withsections 233.500 to 233.520, shall be filed in the office of theclerk of the county commission thirty days before any meeting ofthe county commission, the clerk shall give notice by at leastthree publications in some weekly newspaper of generalcirculation in the county, and by at least five handbills put upat public places within the subdistrict, of the presentation ofsuch petition, and of the date of such meeting of the countycommission at which the same may be heard. Such notices shallcontain the names of at least three signers of the petition andset out the boundaries of the proposed subdistrict, and shallnotify all resident owners of land in the proposed subdistrict,who may desire to oppose the formation thereof to appear at suchmeeting of the county commission and file their writtenremonstrance thereto.

2. All resident landowners owning land within the proposedsubdistrict may join in one remonstrance, or each such owner mayfile his separate remonstrance, and each remonstrance shall bein writing and shall state specifically and separately theobjection or objections of the remonstrators to the formation ofsuch proposed road subdistrict, and shall be filed with theclerk of the county commission on or before such meeting of thecounty commission.

3. At such meeting of the county commission, the countycommission shall hear such petition and remonstrance, and maymake any change in the boundaries of such proposed subdistrictas the public good may require and make necessary, and if aftersuch changes are made it shall appear to the county commissionthat such petition is signed or in writing consented to by amajority of all the landowners residing within the subdistrictas so changed, the county commission shall make an orderincorporating such special road subdistrict, and such ordershall set out the boundaries of such subdistrict as established.

4. If no remonstrance shall have been filed, or allremonstrances filed are overruled by the county commission, thecommission shall determine whether such petition has been signedby a majority of the owners of land within the subdistrict, andif so, shall make an order incorporating the subdistrict withthe boundaries given in the petition, or such boundaries as maybe set forth in an amended petition signed by a majority of theowners of land within the subdistrict affected by the amendedpetition. Such amended petition may be filed at any time beforethe making of the order establishing a special road subdistrict,but the boundaries proposed for the subdistrict shall not be sochanged as to embrace any land not included in the notice givenby the clerk unless the owner thereof shall in writing consentthereto, or shall appear at the hearing, and is notified in anopen meeting of the county commission of such fact and given anopportunity to file or join in a remonstrance.

5. Whenever an order is so made incorporating a specialroad subdistrict, such subdistrict shall thereupon become, bythe name mentioned in such order, a political subdivision of thestate for governmental purposes with all the powers mentioned insections 233.500 to 233.520.

(L. 1990 S.B. 479 & 649 § 2)

Effective 5-30-90