242.260. Commissioners to inspect district and assess benefits and damages--file report.

MISSOURI STATUTES AND CODES

242.260. Commissioners to inspect district and assess benefits and damages--file report.

Commissioners to inspect district and assess benefits anddamages--file report.

242.260. 1. Within thirty days after qualifying, asprovided for in section 242.250, the commissioners shall begintheir duties. They may at any time call upon the attorney of thedistrict for legal advice and information relative to theirduties, and the chief engineer or one of his assistants shallaccompany the commissioners at all times and render his opinionin writing when called for.

2. The commissioners shall proceed to view the premises anddetermine the value of all land and other property, within orwithout the district, to be acquired and used for rights-of-way,holding basins or other works set out in the plan forreclamation. They shall assess the amount of benefits, and theamount of damages, if any, that will accrue to each governmentallot, forty-acre tract or other subdivision of land according toownership, public highways, railroad and other rights-of-way,railroad roadways and other property from carrying out andputting into effect the plan for reclamation heretofore adopted.

3. The commissioners in assessing the benefits to lands,public highways, railroad and other rights-of-way, railroadroadways and other property not traversed by such works andimprovements as provided for in the plan for reclamation, shallnot consider what benefits will be derived by such property afterother ditches, improvements or other plans for reclamation shallhave been constructed, but they shall assess only such benefitsas will be derived from the construction of the works andimprovements set out in the plan for reclamation, or as the samemay afford an outlet for drainage or protection from overflow ofsuch property. The commissioners shall give due considerationand credit to any other drains, ditch or ditches, levee or leveesor other systems of reclamation which may have already beenconstructed and which afford partial or complete protection toany tract or parcel of land in the new district. The publichighways, railroad and other rights-of-way, roadways, railroadand other property shall be assessed according to the increasedphysical efficiency and decreased maintenance cost of roadways byreason of the protection to be derived from the proposed worksand improvements. The commissioners shall have no power tochange the plan for reclamation heretofore provided for.

4. The board of commissioners shall prepare a report oftheir findings, which shall be arranged in tabular form, thecolumns of which shall be headed as follows: Column one, "ownerof property assessed"; column two, "description of propertyassessed"; column three, "number of acres assessed"; column four,"amount of benefits assessed"; column five, "number acres takenfor right-of-way"; column six, "value of property taken"; columnseven, "damages".

5. They shall also by and with the advice of the engineer ofthe district estimate the cost of works set out in the plan forreclamation, which estimates shall include the cost of propertyrequired for rights-of-way, holding basins and other works anddamages, and the probable expenses of organization andadministration, as estimated by the board of supervisors, andshall tabulate the same. The report shall be signed by at leasta majority of the commissioners and filed in the office of thecircuit clerk of the court organizing the drainage district.

6. The secretary of the board of supervisors, or his deputy,shall accompany the commissioners while engaged in their duties,and shall perform all clerical work of the board; he shall also,under the advice, supervision and direction of the attorney forthe district, prepare their report.

7. The board of commissioners shall report to the board ofsupervisors the number of days each had been employed and theactual expenses incurred. Each commissioner shall be paid anamount set by the court for each day for his services, andnecessary expenses in addition thereto.