243.050. County commission to appoint engineer and viewers--qualifications and duties. - Missouri Statutes

County commission to appoint engineer and viewers--qualifications andduties.

243.050. 1. When such petition and bond has been filedand the bond approved, the county commission shall without delayappoint a competent civil and drainage engineer, who may be anindividual, copartnership or corporation, and three persons asviewers, who shall be persons residing within the state ofMissouri, and who shall not be landowners in the proposeddistrict nor of kin within the fourth degree of consanguinity toany person owning land within the boundary line set forth insuch petition. A majority of the viewers shall constitute aquorum and shall control in all matters. They shall subscribean oath to faithfully discharge their duties as such viewers andengineer and to make a true report of the work done and thefacts by them ascertained.

2. They shall proceed at once under the direction of anorder of the county commission, certified by the clerk thereof,to view the location of the proposed ditch or improvement andthe premises along and adjacent thereto. If they find that theproposed improvement is necessary, practicable and would be ofpublic utility or conducive to the public health, convenience orwelfare, they shall so report and in said report they shallindicate approximately the proper character, dimension, locationand probable cost of the improvement necessary to accomplish theobject of said petition and if necessary to determine the abovefacts the engineer may employ assistants and make surveys andwith the approval of the county commission he may employ aconsulting engineer or secure expert advice and the expenseshall be taxed as expenses under the petition.

3. They shall also ascertain and report what land or otherproperty, if any, adjacent to the proposed drainage districtwill be benefited by the proposed improvement and shall prepareand submit as a part of their report a description of such landsor other property with the names of the owners thereof when thesame can be ascertained by reasonable diligence and shall alsoset forth the boundary line of such proposed drainage districtso as to include the additional land or other property. Theyshall report their findings in writing with such maps, profilesand drawings as are necessary to advise the county commission inthe premises and shall promptly file the same with the countyclerk.

(RSMo 1939 § 12401, A.L. 1990 H.B. 1070)

Prior revisions: 1929 § 10812; 1919 § 4480; 1909 § 5580