278.245. Condemnation authorized, when--other powers of governing body or trustees--taxation authorized. - Missouri Statutes

Condemnation authorized, when--other powers of governing bodyor trustees--taxation authorized.

278.245. The trustees of the watershed district shall have thefollowing authority:

(1) To acquire, by purchase, exchange, lease, gift, grant, bequest,devise, or otherwise, or through condemnation proceedings pursuant tochapter 523, RSMo, such lands, easements, or rights-of-way as are needed tocarry out any authorized purpose of the watershed district; provided thatnotwithstanding any provision of law to the contrary, the power of eminentdomain shall not be exercised:

(a) Over the protest of any landowner until it is established thatacquisition of the land proposed to be condemned is necessary for thepurposes of the watershed district; and to sell, lease or otherwise disposeof any of its property or interest therein pursuant to sections 278.160 to278.300; and

(b) Unless four trustees vote in favor of the use of such power insuch case.

Following approval by the trustees, a majority vote of the soil and watersupervisors of all the districts included in such watershed district shallalso be required prior to any use of the power of eminent domain;

(2) To construct, repair, enlarge, improve, operate, and maintainsuch works of improvement as may be necessary for the performance of any ofthe operations authorized by sections 278.160 to 278.300;

(3) To borrow money and to execute promissory notes and otherevidences of debt in connection therewith for payment of the costs andexpenses or for carrying out any authorized purpose of such watersheddistrict, and if promissory notes are issued, to execute such mortgages onany property owned by such district, or assign or pledge such revenues orassessments of such watershed district as may be required by the lender assecurity for the repayment of the loan; and to issue, negotiate, and sellits bonds pursuant to section 278.280;

(4) To levy an annual tax and organization tax on the real propertywithin the watershed district subject to the limitations provided insection 278.250 for payment of the costs for carrying out any authorizedpurpose of such watershed district;

(5) To make assessments on the real property within the watersheddistrict for special benefits to such real property accruing as a result ofthe construction of any works of improvement by the watershed district.

(L. 1967 p. 376, A.L. 1977 H.B. 457, A.L. 2001 S.B. 462)