244.030. Filing of objections--hearing by court--appointment of commissioners. - Missouri Statutes

Filing of objections--hearing by court--appointment of commissioners.

244.030. 1. Such petition, as soon as so signed, shall befiled in the office of the circuit clerk of the county in whichis situate the land that will be affected by the proposedimprovements; each person not having signed such petition,owning land that will be either damaged or benefited by theconstruction of the ditch, tile or levee shall be named as aparty defendant in such action and served with a summons and acopy of the petition, as in ordinary civil actions. If suchowner or owners of land be nonresidents of the state, then suchservice shall be had as provided in the civil code of Missouri.

2. The court shall set a date to hear objections, whichsuch date shall be named in a notice accompanying such petitionand given each owner of land and which hearing shall not be morethan twenty days from the return date; such notice shall statethe purpose sought as set out in the petition and that theperson receiving such notice shall have the right to fileobjections to the petition. Any person whose land will beaffected in any manner by the proposed ditch, tile or leveeshall have the right to file his objection on or before the dateset for such hearing and before the hour of such hearing. Suchobjection or objections shall be limited to a denial of theallegations as contained in the petition.

3. The circuit court shall hear such objections withoutunnecessary delay and if such objections be overruled it shallappoint three disinterested residents of the county, not of kinwithin the second degree of consanguinity to any person owningland to be affected, as commissioners, who before entering upontheir duties shall be sworn to faithfully and impartiallyperform the duties imposed upon them by this chapter.

(RSMo 1939 § 12457, A.L. 1945 p. 852, A.L. 1990 H.B. 1070)

Prior revisions: 1929 § 10867; 1919 § 4562

(1959) Circuit court of county in which lands sought to be subjected to an easement are located had jurisdiction of proceeding under this chapter notwithstanding such lands were included in district organized under chapter 242 by circuit court of adjoining county. Dillen v. Remley (A.), 327 S.W.2d 931.