245.130. Exceptions to commissioners' report heard and determined. - Missouri Statutes

Exceptions to commissioners' report heard and determined.

245.130. 1. The levee district or any owner of land orother property in said district, may file exceptions to saidreport or to any assessment for either benefits or damages,within ten days after the last day of publication of the noticeprovided for in section 245.125.

2. All exceptions shall be heard by the court and determinedin a summary manner so as to carry out liberally the purposes andneeds of the district, and if it appears to the satisfaction ofthe court, after having heard and determined all of saidexceptions, that the estimated cost of constructing theimprovement contemplated in the plan for reclamation is less thanthe benefits assessed against the land and other property in saiddistrict, then the court shall approve and confirm saidcommissioners' report as so modified and amended. The courtshall adjudge and apportion the costs incurred by the exceptionsfiled and shall condemn any land or other property, within orwithout the boundary lines of the district, that is shown by thereport of the commissioners to be needed for rights-of-way,holding basins and other works, or that may be needed formaterial to be used in constructing said works, following, asnearly as possible the procedure that is now provided for by lawfor the appropriation of land and other property taken fortelegraph, telephone and railroad rights-of-way.

3. The clerk of said circuit court shall transmit acertified copy of the court decree and copy of the commissioners'report, as confirmed or amended by the court, to the secretary ofthe board of supervisors of the district, who shall make andtransmit a certified copy of the said decree and that part of thesaid report affecting land in each county to the recorder of eachcounty having lands in the district, or affected by the saidreport, where the same shall become a permanent record and eachsuch recorder shall receive a fee of one dollar for receiving,filing and preserving the same.

4. Any person may appeal from the judgment of the court, andupon such appeal there may be determined either or both of thefollowing questions:

(1) Whether just compensation has been allowed for propertyappropriated; and

(2) Whether proper damages have been allowed for propertyprejudicially affected by the improvements.

(RSMo 1939 § 12509)

Prior revisions: 1929 § 10919; 1919 § 4613

(2003) Section provides only two instances in which an appeal is authorized; question of whether commissioners' assessment of benefits is proper is not reviewable. Riverside-Quindaro Bend Levee District v. Intercontinental Engineering Manufacturing Corporation, 121 S.W.3d 531 (Mo.banc).