Condemnation of private property for public road--survey--claimsfor damages--hearings--jury trial, when.
228.180. 1. The right of eminent domain is vested in theseveral counties of the state to condemn private property forpublic road purpose, including any land, earth, stone, timber,rock quarries or gravel pits necessary in establishing,building, grading, repairing or draining such roads, or inbuilding any bridges, abutments or fills thereon.
2. If the county commission be of the opinion that a publicnecessity exists for the establishment of a public road, or forthe taking of any land or property for such purposes, it shallby an order of record so declare, and shall direct the countyhighway engineer within fifteen days thereafter to survey, markout and describe said road, or the land or material to be taken,or both, and to prepare a map thereof, showing the location,courses and distances, and the lands across or upon which theproposed public road will run, or the area, dimensions,description and location of any other property to be taken forsuch purposes, or both, and the county highway engineer shallfile the map and a report of his proceedings in the premises inthe office of the county clerk. Thereupon the county commissionshall cause to be published in some newspaper of generalcirculation in the county, once each week for three consecutiveweeks, a notice giving the width, beginning, termination,courses and distances and sections and subdivisions of the landover which the proposed road is to be established, or thelocation, area, dimensions and descriptions of any other land orproperty to be taken, or both, and that such land or property issought to be taken for public use for road or bridge purposes.
3. Claims for damages for the taking of any of such land orproperty may be filed in the county clerk's office by the ownerof the property or by the conservators of disabled persons orminors owning the property, within twenty days after the lastday of publication. If any claim for damages be filed, the sameshall be heard on the first day of any regular or adjourned termof the county commission after the expiration of such twentydays.
4. If the county commission and the land or property ownerbe unable to agree on the amount of the damages, or if personsowning land or property sought to be taken or the conservator ofany disabled person or minor owning such property shall fail tofile a claim for damages, the county commission shall make anorder reciting such fact, or facts, as the case may be, andcause a copy of same to be delivered to the judge of the circuitcourt of that county, and a transcript of the record and theoriginal files in such cause shall be transmitted by the countyclerk to the circuit clerk of the county. Upon receipt of thecopy of the order of the county commission by the circuit judge,the circuit court, or the judge thereof in vacation, shall makean order setting the cause for hearing within thirty days, andif the order fixing the date of the hearing be made by the judgein vacation, it shall be filed in the office of the circuitclerk and the clerk shall cause copies of the orders to beserved on owners of the property or material to be taken, andalso the conservators of disabled persons or minors having anyinterest in such property or material, not less than ten daysbefore the date of the hearing.
5. The court, or judge in vacation, shall cause to beimpaneled a jury of six residents of the county not interestedin the matter or of kin to any member of the county commission,or to any landowner in interest. The jury shall view the land,or other property, proposed to be taken, and shall hear theevidence and determine the question of damages under thedirection of the court or judge. Five of the jury concurringmay return a verdict, and in case of a disagreement another jurymay be impaneled.
6. The public necessity for taking the property shall in nowise be inquired into by the circuit court, and the judgment ofthe circuit court, or judge thereof in vacation, in the causeshall not be reviewed on appeal or by writ of error.
(1955) County court has power to acquire and control rock quarries and also the implied power to operate same to produce stone for surfacing roads in the county, but such stone may not be sold to private individuals. Everett v. County of Clinton (Mo.), 282 S.W.2d 30.
(1965) Sections 49.300 and 228.100 in combination indicate a legislative intent to cover the entire subject of the judicial phases of condemnation proceedings by county courts and, therefore, they supersede and by implication repeal contrary provisions in this section. County of Greene v. Hammons (Mo.), 389 S.W.2d 843.
Condemnation of private property for public road--survey--claimsfor damages--hearings--jury trial, when.
228.180. 1. The right of eminent domain is vested in theseveral counties of the state to condemn private property forpublic road purpose, including any land, earth, stone, timber,rock quarries or gravel pits necessary in establishing,building, grading, repairing or draining such roads, or inbuilding any bridges, abutments or fills thereon.
2. If the county commission be of the opinion that a publicnecessity exists for the establishment of a public road, or forthe taking of any land or property for such purposes, it shallby an order of record so declare, and shall direct the countyhighway engineer within fifteen days thereafter to survey, markout and describe said road, or the land or material to be taken,or both, and to prepare a map thereof, showing the location,courses and distances, and the lands across or upon which theproposed public road will run, or the area, dimensions,description and location of any other property to be taken forsuch purposes, or both, and the county highway engineer shallfile the map and a report of his proceedings in the premises inthe office of the county clerk. Thereupon the county commissionshall cause to be published in some newspaper of generalcirculation in the county, once each week for three consecutiveweeks, a notice giving the width, beginning, termination,courses and distances and sections and subdivisions of the landover which the proposed road is to be established, or thelocation, area, dimensions and descriptions of any other land orproperty to be taken, or both, and that such land or property issought to be taken for public use for road or bridge purposes.
3. Claims for damages for the taking of any of such land orproperty may be filed in the county clerk's office by the ownerof the property or by the conservators of disabled persons orminors owning the property, within twenty days after the lastday of publication. If any claim for damages be filed, the sameshall be heard on the first day of any regular or adjourned termof the county commission after the expiration of such twentydays.
4. If the county commission and the land or property ownerbe unable to agree on the amount of the damages, or if personsowning land or property sought to be taken or the conservator ofany disabled person or minor owning such property shall fail tofile a claim for damages, the county commission shall make anorder reciting such fact, or facts, as the case may be, andcause a copy of same to be delivered to the judge of the circuitcourt of that county, and a transcript of the record and theoriginal files in such cause shall be transmitted by the countyclerk to the circuit clerk of the county. Upon receipt of thecopy of the order of the county commission by the circuit judge,the circuit court, or the judge thereof in vacation, shall makean order setting the cause for hearing within thirty days, andif the order fixing the date of the hearing be made by the judgein vacation, it shall be filed in the office of the circuitclerk and the clerk shall cause copies of the orders to beserved on owners of the property or material to be taken, andalso the conservators of disabled persons or minors having anyinterest in such property or material, not less than ten daysbefore the date of the hearing.
5. The court, or judge in vacation, shall cause to beimpaneled a jury of six residents of the county not interestedin the matter or of kin to any member of the county commission,or to any landowner in interest. The jury shall view the land,or other property, proposed to be taken, and shall hear theevidence and determine the question of damages under thedirection of the court or judge. Five of the jury concurringmay return a verdict, and in case of a disagreement another jurymay be impaneled.
6. The public necessity for taking the property shall in nowise be inquired into by the circuit court, and the judgment ofthe circuit court, or judge thereof in vacation, in the causeshall not be reviewed on appeal or by writ of error.
(1955) County court has power to acquire and control rock quarries and also the implied power to operate same to produce stone for surfacing roads in the county, but such stone may not be sold to private individuals. Everett v. County of Clinton (Mo.), 282 S.W.2d 30.
(1965) Sections 49.300 and 228.100 in combination indicate a legislative intent to cover the entire subject of the judicial phases of condemnation proceedings by county courts and, therefore, they supersede and by implication repeal contrary provisions in this section. County of Greene v. Hammons (Mo.), 389 S.W.2d 843.
Condemnation of private property for public road--survey--claimsfor damages--hearings--jury trial, when.
228.180. 1. The right of eminent domain is vested in theseveral counties of the state to condemn private property forpublic road purpose, including any land, earth, stone, timber,rock quarries or gravel pits necessary in establishing,building, grading, repairing or draining such roads, or inbuilding any bridges, abutments or fills thereon.
2. If the county commission be of the opinion that a publicnecessity exists for the establishment of a public road, or forthe taking of any land or property for such purposes, it shallby an order of record so declare, and shall direct the countyhighway engineer within fifteen days thereafter to survey, markout and describe said road, or the land or material to be taken,or both, and to prepare a map thereof, showing the location,courses and distances, and the lands across or upon which theproposed public road will run, or the area, dimensions,description and location of any other property to be taken forsuch purposes, or both, and the county highway engineer shallfile the map and a report of his proceedings in the premises inthe office of the county clerk. Thereupon the county commissionshall cause to be published in some newspaper of generalcirculation in the county, once each week for three consecutiveweeks, a notice giving the width, beginning, termination,courses and distances and sections and subdivisions of the landover which the proposed road is to be established, or thelocation, area, dimensions and descriptions of any other land orproperty to be taken, or both, and that such land or property issought to be taken for public use for road or bridge purposes.
3. Claims for damages for the taking of any of such land orproperty may be filed in the county clerk's office by the ownerof the property or by the conservators of disabled persons orminors owning the property, within twenty days after the lastday of publication. If any claim for damages be filed, the sameshall be heard on the first day of any regular or adjourned termof the county commission after the expiration of such twentydays.
4. If the county commission and the land or property ownerbe unable to agree on the amount of the damages, or if personsowning land or property sought to be taken or the conservator ofany disabled person or minor owning such property shall fail tofile a claim for damages, the county commission shall make anorder reciting such fact, or facts, as the case may be, andcause a copy of same to be delivered to the judge of the circuitcourt of that county, and a transcript of the record and theoriginal files in such cause shall be transmitted by the countyclerk to the circuit clerk of the county. Upon receipt of thecopy of the order of the county commission by the circuit judge,the circuit court, or the judge thereof in vacation, shall makean order setting the cause for hearing within thirty days, andif the order fixing the date of the hearing be made by the judgein vacation, it shall be filed in the office of the circuitclerk and the clerk shall cause copies of the orders to beserved on owners of the property or material to be taken, andalso the conservators of disabled persons or minors having anyinterest in such property or material, not less than ten daysbefore the date of the hearing.
5. The court, or judge in vacation, shall cause to beimpaneled a jury of six residents of the county not interestedin the matter or of kin to any member of the county commission,or to any landowner in interest. The jury shall view the land,or other property, proposed to be taken, and shall hear theevidence and determine the question of damages under thedirection of the court or judge. Five of the jury concurringmay return a verdict, and in case of a disagreement another jurymay be impaneled.
6. The public necessity for taking the property shall in nowise be inquired into by the circuit court, and the judgment ofthe circuit court, or judge thereof in vacation, in the causeshall not be reviewed on appeal or by writ of error.
(1955) County court has power to acquire and control rock quarries and also the implied power to operate same to produce stone for surfacing roads in the county, but such stone may not be sold to private individuals. Everett v. County of Clinton (Mo.), 282 S.W.2d 30.
(1965) Sections 49.300 and 228.100 in combination indicate a legislative intent to cover the entire subject of the judicial phases of condemnation proceedings by county courts and, therefore, they supersede and by implication repeal contrary provisions in this section. County of Greene v. Hammons (Mo.), 389 S.W.2d 843.
