243.070. Remonstrance may be filed--judgment, effect.

MISSOURI STATUTES AND CODES

243.070. Remonstrance may be filed--judgment, effect.

Remonstrance may be filed--judgment, effect.

243.070. 1. Not later than ten days after the last day ofpublication of the notice provided for in section 243.060, anyperson interested in land or other property that will be affectedby the organization of the proposed drainage district or by saidproposed improvement, may file, in the office of the countyclerk, a written remonstrance against or objection to thepetition or report of the viewers, setting forth therein hisgrievance, which shall be, by the county commission, heard anddetermined, in a summary manner.

2. If, after hearing and determining all such objections,the county commission finds that the owners of a majority inacreage of the proposed district are petitioners or have joinedin the prayer of said petition, by motion, or otherwise, then thecounty commission shall, or if less than a majority, the countycommission, in its discretion, may find in favor of making theimprovement. The petitioners shall be released from theirliability and bond when the county commission shall find in favorof making the improvement. If the county commission finds infavor of making the improvement, it shall, by order of record,incorporate the land and other property described in the reportof the viewers and engineer or any part thereof into a drainagedistrict for the purpose of this chapter, and shall designate thesame by number.

3. Such district shall be a body corporate and a politicalsubdivision of the state, shall possess the usual powers of acorporation for public purposes, shall be capable of suing andbeing sued in its corporate name and shall be capable of holdingsuch real and personal property as may be at any time eitherdonated to or acquired by it in accordance with the provisions ofthis chapter or of which it may be rightfully possessed at thetime of the passage of this chapter.

4. If the county commission shall find against theimprovement, it shall dismiss the petition and proceedings at thecost of the petitioners, and shall issue an itemized bill of allcosts and expenses, in like manner and with like effect as feebills are issued by the clerk of the circuit court.