242.310. Amendment of plan of reclamation procedure--appointment of commissioners.

MISSOURI STATUTES AND CODES

242.310. Amendment of plan of reclamation procedure--appointment of commissioners.

Amendment of plan of reclamation procedure--appointment ofcommissioners.

242.310. 1. The board of supervisors for and in behalf of any drainagedistrict, organized under sections 242.010 to 242.690, may file a petition inthe office of the clerk of the court organizing said district, askingpermission to amend or change the plan for reclamation. Said petition shallspecifically set forth the change or amendment desired and in casecommissioners have already appraised the values of lands to be taken for worksset out in the plan for reclamation sought to be amended and assessed thebenefits and damages to the lands, said petition shall ask for the appointmentof three commissioners to appraise the land to be taken for use in thedistrict, assess benefits and damages accruing to the lands of and propertyaffected by the proposed amendment or change.

2. Upon the filing of the said petition the clerk of said circuit courtshall cause a notice to be given to all the owners of land and other propertysituated in said district. Said notice shall be given by publication in somenewspaper published in the county in which said district was organized andsaid notice may be in the following form, and shall be deemed sufficient forall purposes herein: State of Missouri )

) ss. County of ..........)

To the owners and all other persons interested in the land and corporateproperty of ........ district of Missouri:

You, and each of you, are hereby notified that the .......... drainagedistrict of Missouri, by its board of supervisors, has filed in the office ofthe circuit clerk of .......... County, Missouri, its petition praying saidcircuit court for permission to amend or change (as the case may be) its planfor reclamation and unless you show cause to the contrary on or before the.... day of .........., 20...., the prayer of said petition may be grantedand said plan for reclamation may be amended and changed accordingly, andcommissioners appointed to appraise property and to assess benefits anddamages accruing to the lands or properties affected by such changes.

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Clerk, Circuit Court ........ County. Said notice shall be inserted once a week for two consecutive weeks in somenewspaper published in each county having lands in the district.

3. Any owner of land or property affected by the proposed change oramendment shall have a right to file his objections to the granting of theprayer of said petition within ten days after the last publication of thenotice herein provided for. Said court shall hear said petition and anyobjections that may be filed against said petition in a summary manner, and ifit should appear from the testimony offered that the objections should besustained and that the plan for reclamation should not be changed, or amended,then the court shall dismiss the petition. But if it shall appear from thetestimony offered that the prayer of said petition should be granted in wholeor in part, the court shall allow and decree such change, or amendment. Theclerk of said circuit court shall make a certified copy of such finding andjudgment and furnish the same to the secretary of the board of supervisors whoshall preserve the same in his office.

4. At the same session of the court at which the plan for reclamation isamended, changed or extended, the court may appoint three commissioners whoshall possess the qualifications defined in section 242.240, to view the landsand other property affected by such change in the plan for reclamation and toassess said lands and property with the benefits and damages accruing theretoon account of the execution of the plan for reclamation as changed or amended,and said commissioners shall make a report to the court of their finding,after which the same proceeding shall be had concerning said report as is nowprovided for hearing objections to original reports appraising lands andassessing benefits and damages; provided, that if said district shall haveoutstanding any bonds or other negotiable evidences of indebtedness, any newassessment of benefit made in accordance with this section shall not diminishthe total amount of the unpaid assessed benefits in said districts more thanten percent, or below one hundred and twenty-five percent, of the amount ofthe principal of such bond and other negotiable certificates of indebtednessissued by said district.