242.280. Exceptions heard and determined by circuit court--procedure.

MISSOURI STATUTES AND CODES

242.280. Exceptions heard and determined by circuit court--procedure.

Exceptions heard and determined by circuit court--procedure.

242.280. 1. The drainage district or any owner of land orother property in said district, may file exceptions to saidreport or to any assessment for either benefits or damages,within ten days after the last day of publication of the noticeprovided for in the preceding section. All exceptions shall beheard by the court and determined in a summary manner so as tocarry out liberally the purposes and needs of the district, andif it appears to the satisfaction of the court, after havingheard and determined all of said exceptions, that the estimatedcost of constructing the improvement contemplated in the plan forreclamation is less than the benefits assessed against the landand other property in said district, then the court shall approveand confirm said commissioners' report as so modified andamended.

2. The court may at any time before final confirmation orapproval refer the report back to the commissioners with orwithout instructions, and when the report is again filed, noticeshall be given in the form and for the time provided in section242.270. Exceptions to the second report shall be filed withinten days after the date of the last day of publication, and heardand determined in a summary manner.

3. The court shall adjudge and apportion the costs incurredby the exceptions filed and shall condemn any land or otherproperty, within or without the boundary lines of the district,that is shown by the report of the commissioners to be needed forrights-of-way, holding basins and other works, or that may beneeded for material to be used in constructing said works,following, as nearly as possible, the procedure that is nowprovided for by law for the appropriation of land and otherproperty taken for telegraph, telephone and railroadrights-of-way.

4. The clerk of said circuit court shall transmit acertified copy of the court decree and copy of the commissioners'report, as confirmed or amended by the court, to the secretary ofthe board of supervisors of the district, who shall make andtransmit a certified copy of the said decree and that part of thesaid report affecting land in each county to the recorder of eachcounty having lands in the district, or affected by the saidreport, where the same shall become a permanent record and eachsuch recorder shall receive a fee of one dollar for receiving,filing and preserving the same.

5. Any person may appeal from the judgment of the court, andupon such appeal there may be determined either or both of thefollowing questions: First, whether just compensation has beenallowed for property appropriated and, second, whether properdamages have been allowed for property prejudicially affected bythe improvements.