243.100. Limitations for assessment of benefits. - Missouri Statutes

Limitations for assessment of benefits.

243.100. 1. In assessing the benefits to lands, publichighways, railroad and other rights-of-way, railroad roadways andother property not traversed by the improvements, the viewersshall not consider what benefits will be derived by such propertyafter other ditches or improvements shall have been constructed,but they shall assess only such benefits as will be derived fromthe construction of the improvements to be constructed by thisdistrict, or as the same may afford an outlet for drainage orprotection from overflow of or damage to such property.

2. The viewers shall give due consideration and credit toany other drains, ditch or ditches, levee or levees which mayhave already been constructed and which afford partial orcomplete protection to any tract or parcel of land in the newdistrict.

3. The public highways, railroad and other rights-of-way,roadways, railroad and other property shall be assessed accordingto the increased physical efficiency and decreased maintenancecost of roadways by reason of the protection to be derived fromthe proposed improvements.

4. When part of a tract of land is to be acquired by thedistrict for right-of-way or other purposes, the viewers shalllist the remainder of the tract in the schedule of benefits, andshow the acreage remaining and shall estimate the benefits whichwill accrue to same.

(RSMo 1939 § 12407)

Prior revisions: 1929 § 10818; 1919 § 4486