245.420. Landowner may continue levee to railroad grade and recover costs--notice to be given. - Missouri Statutes

Landowner may continue levee to railroad grade and recovercosts--notice to be given.

245.420. In case any person or corporation owning oroperating any such railroad as mentioned in section 245.415 shallfail to continue and connect any such levee constructed by theabutting landowner within ninety days after receiving writtennotice to do so, and after the landowner's levee has beenconstructed and completed to the right-of-way of the railroad fora period of twenty days, then the landowner shall have the rightto enter upon the right-of-way of such railroad for the purposeof continuing and constructing the said levee over and across theright-of-way to a connection with the railroad track or grade.And such landowner having so continued and constructed such leveeacross said right-of-way to the railroad track or grade as aboveprovided may recover by suit against the person or company owningor operating the said railroad the full amount of the actual costof so continuing and constructing the said levee on and acrossthe right-of-way of the railroad, together with interest thereonand costs, which costs shall include attorney fee for plaintiffin the sum of twenty-five dollars.

(RSMo 1939 § 12573)

Prior revisions: 1929 § 10983; 1919 § 4675; 1909 § 5738