244.070. Limitation on improvements--dismissal of case, when. - Missouri Statutes

Limitation on improvements--dismissal of case, when.

244.070. 1. The word "tract" and "parcel" of land as usedin this chapter shall include town lots or other subdivisions ofland according to ownership. Persons desiring to drain orprotect land under the provisions of this chapter shall not belimited to a single ditch, tile or levee, but two or more of eachor all three may be constructed for the drainage or protection ofthe same tract of land.

2. If the report of the commissioners, as approved or asamended by the circuit court shows the total cost of theimprovements, including value of the land used, the amount of thedamages and cost of crossings, exceeds the total benefitsaccruing to all the land from the proposed improvement, the courtshall dismiss the case and tax the court costs against thepetitioners. Thereafter any one or more persons owning anyportion of the wet, swamp, flat or overflowed land shall have theright to construct the ditch, tile or levee at his or theirexpense, but if constructed under such conditions the otherowners of land that will be improved shall not be taxed for anyof the costs.

(RSMo 1939 § 12465, A. 1949 S.B. 1084)

Prior revisions: 1929 § 10875; 1919 § 4570