241.270. Landowners may protest, when--proceedings.

MISSOURI STATUTES AND CODES

241.270. Landowners may protest, when--proceedings.

Landowners may protest, when--proceedings.

241.270. 1. If the owners of any lands through which anyditch or levee is proposed to be made or cut, by virtue of any ofthe provisions of sections 241.010 to 241.280, shall notify thedrainage and reclamation commissioners that he objects to themaking of such levee or cutting such ditch, such commissionersshall apply to an associate circuit judge of the county in whichsuch land may be situated for a summons for a jury to inquireinto the damages such owner may sustain by the making of suchlevee or the cutting of such ditch, or both; and it shall be theduty of such associate circuit judge to issue a summons, underhis hand, to the sheriff of said county, commanding him to summona jury of eighteen good and lawful persons, to meet at a time andplace, upon such land, to be specified in the summons, at thetime and place specified; such drainage and reclamationcommissioners and the owner of such land shall proceed to selecta jury of twelve persons out of the number thus summoned, and theassociate circuit judge shall administer an oath to them tofaithfully and impartially inquire into the amount of damages theowner of such land will sustain by reason of the making of suchlevee or ditch, and the jury shall render their verdict inwriting, and shall specify therein the amount of damages theyassess.

2. The selection of such jury, and the trial in such case,shall be conducted in the same manner that other civil cases aretried and conducted in the associate divisions of the circuitcourts, and the associate circuit judge shall make an entry onhis docket of the verdict of the jury and other proceedings insuch case.

3. A transcript of such proceedings shall be filed in theoffice of the clerk of the county commission, and if the countycommission shall be of opinion that it is best to pay suchdamages, such county commission shall issue a warrant on thecounty treasury, in favor of the party entitled thereto, for theamount of damages assessed, as aforesaid, and also a warrant infavor of the officers for the fees to which they may be entitledin any such case, which amount shall be paid out of any money inthe treasury arising from the sale of land by virtue of sections241.010 to 241.280, and not otherwise appropriated, and shall bepaid by the treasurer to the parties entitled to the same, fromwhom he shall take, and file in his office, a receipt for suchpayment; and when such damages are paid, or tendered in money andrefused, such ditch or levee may be made, and the owner of suchland shall be forever barred from maintaining any action for themaking such levee or the cutting such ditch; and if such money istendered, and the parties entitled thereto shall refuse to acceptthe same, such money shall remain in the county treasury, subjectto the order of the parties thereto entitled; provided, however,that should such jury fail or refuse to find any damages, suchcomplainant shall pay all costs necessarily incurred in theproceedings; provided, that the complainant may have an appealaccording to law.