245.145. Damages assessed must be paid before appropriating land. - Missouri Statutes

Damages assessed must be paid before appropriating land.

245.145. The board of supervisors of levee districtsorganized under sections 245.010 to 245.280 shall not have theright to enter upon or appropriate any land for rights-of-way, orother works of the districts, until the price awarded to theowners of such land by the commissioners shall have been paid tosuch owners or into the hands of the circuit clerks of the courtsorganizing such districts for the use of such owners; and if thesums awarded be not so paid within five years from the date offiling the commissioners' reports, all proceedings as to thetaking of such property for rights-of-way and other works not sopaid for shall abate at the cost of said district. Whenever anyland is acquired by any district under the provisions of sections245.010 to 245.280 and the price of such property has been paidthe owner by the district, the title, use, possession andenjoyment of such property shall pass from the owner and bevested in the district, and subject to its use, profit,employment and final disposition. The price awarded for all landacquired by any district for rights-of-way, or other works andthe amount of damages assessed by the board of commissioners andconfirmed by the court to any tract or parcel of land or otherproperty in the district shall be paid in cash to the ownerthereof or to the clerk of the court for the use of such owner,and that portion of any tract or parcel of land or other propertynot taken for the use of the district shall be assessed for thebenefits accruing in accordance with the provisions of sections245.010 to 245.280.

(RSMo 1939 § 12522)

Prior revisions: 1929 § 10932; 1919 § 4626

(1956) The words "date of filing the commissioners' reports" refers to the date the report is filed in the recorder's office rather than to the date the report is filed in the circuit clerk's office. McCord v. Missouri Crooked River Backwater Levee District (Mo.), 295 S.W.2d 42.