242.500. Petition for reassessment of benefits--appointment of commissioners. - Missouri Statutes

Petition for reassessment of benefits--appointment of commissioners.

242.500. 1. Whenever the board of supervisors of any district inexistence as of August 28, 2008, or organized under this chapter afterAugust 28, 2008, on behalf of the district, or the owners of twenty-fivepercent or more of the acreage of the lands in the district shall file apetition with the circuit clerk in whose office the articles of associationwere filed, stating that there has been a material change in the values ofall or some of the property in the district since the last previousassessment of benefits or readjustment of the assessment of benefits andpraying for a readjustment of the assessment of benefits of the propertyidentified in the petition for the purpose of making a more equitable basisfor the levy of the maintenance tax or for the purpose of levying a new taxto pay the costs of the completion of the proposed works and improvementsas shown in the supplemental plan for reclamation adopted by the board ofsupervisors pursuant to section 242.230, or for both of the aforesaidpurposes, the circuit clerk shall give notice of the filing and hearing ofthe petition in the manner and for the time provided for in section242.030. The notice may be in the following form:

Notice is hereby given to all persons interested in the lands andproperty included within the ......... district that a petition has beenfiled in the office of the clerk of the circuit court of ...... County,........., praying for a readjustment of the assessment of benefits of allor some of the property in the district as identified in the petition forthe purpose(s) of .............., and that the petition will be heard bythe circuit court on the ......... day of ........., 20.....

..............................,

Clerk of the circuit court ............. County

Upon hearing of the petition if the court finds that there has been amaterial change in the values of some or all of the property in thedistrict as identified in the petition since the last previous assessmentof benefits, the court shall order that there be made a readjustment of theassessment of benefits for the lands identified in the petition for thepurpose of providing a basis upon which to levy the maintenance tax of thedistrict or for the purpose of levying a new tax to pay the costs of thecompletion of the proposed works and improvements as shown in thesupplemental plan for reclamation adopted by the board of supervisorspursuant to section 242.230, or for both of the aforesaid purposes.

2. Thereupon the court shall appoint three commissioners, possessingthe qualifications of commissioners appointed under section 242.240 to makesuch readjustment of assessments in the manner provided in section 242.260with respect to the lands identified in the petition and the commissionersshall make their report, and the same proceedings shall be had thereon, asnearly as may be, as are herein provided for the assessment of benefitsaccruing for original construction; provided, that in making thereadjustment of the assessment of benefits, the commissioners shall not belimited to the aggregate amount of the original or any readjustment of theassessment of benefits, and may assess the amount of benefits that willaccrue from carrying out and putting into effect such supplemental plan forreclamation adopted by the board of supervisors pursuant to section242.230. After the making of such readjustment, the limitation of twentypercent of the annual maintenance tax which may be levied shall apply tothe amount of benefits as readjusted, and the limitation of the tax whichmay be levied for payment of the costs of the completion of the proposedworks and improvements as shown in the aforesaid supplemental plan forreclamation shall apply to the amount of the benefits as readjusted. Thereshall be no such readjustment of benefits oftener than once in a year. Thelist of lands, and other property, with the readjusted assessed benefitsand the decree and judgment of the court, shall be filed in the office ofthe county recorder as provided in section 242.280.

(RSMo 1939 § 12371, A.L. 1977 S.B. 2, A.L. 1978 H.B. 1634, A.L. 1985 H.B. 378, A.L. 1990 S.B. 777, A.L. 2008 S.B. 939)

Prior revisions: 1929 § 10709; 1919 § 4420