242.340. Board of supervisors may amend plan for reclamation--limitations.

MISSOURI STATUTES AND CODES

242.340. Board of supervisors may amend plan for reclamation--limitations.

Board of supervisors may amend plan for reclamation--limitations.

242.340. 1. Whenever it shall appear to the board ofsupervisors, after the plan for reclamation has been filed withthe clerk of the court organizing said district and work hasprogressed thereunder, that some of the ditches or otherimprovements called for in said plan are inadequate and are notaffording or giving to the lands adjacent to such ditch orditches or other improvements, substantially the same outlets fordrainage or protection from overflow that are afforded otherlands in the district equally taxed, the board of supervisors ofsaid districts shall have the power, authority and right, uponthe recommendation of its chief engineer, to enlarge or cause tobe enlarged any ditches or other improvements set out in the planfor reclamation and to construct or cause to be constructed suchadditional ditches, levees, canals and other improvements thatmay be necessary to afford such lands substantially equal outletsfor drainage and protection from overflow that are afforded theother lands in said district, equally taxed, as a whole.

2. A description of said additional ditches and improvementsfound to be necessary by the board of supervisors and its chiefengineer shall be filed with the secretary of the board ofsupervisors and entered upon the record of said board, and acertified copy thereof shall be filed with the clerk of thecircuit court organizing said district, and thereafter shall be apart of the plan for reclamation.

3. The cost of said additional ditches and improvementsshall be paid for out of the benefits assessed against all thelands in said district as finally confirmed by the circuit courtorganizing said district, in the same proportion and in the samemanner as is provided for in the constructing of ditches, leveesand other improvements called for in the original plan forreclamation; provided however, that the cost of constructing theadditional ditches and other improvements herein provided for,shall not be levied against lands that have been annexed or addedto the district after it was organized, unless the additionalditches and other improvements to be constructed shall directlybenefit the annexed lands.