Bridges over drainage works--how built or enlarged.
242.350. 1. All bridges contemplated by sections 242.010 to242.690 and all enlargements of bridges already in existenceshall be built and enlarged according to and in compliance withthe plans, specifications and orders made or approved by thechief engineer of the district.
2. If any such bridge shall belong to any corporation, or beneeded over a public highway or right-of-way of any corporation,the secretary of said board of supervisors shall give suchcorporation notice by delivering to its agent or officer, in anycounty wherein said district is situate, the order of the boardof supervisors of said district declaring the necessity for theconstruction or enlargement of said bridge. A failure toconstruct or enlarge such bridge within the time specified insuch order shall be taken as a refusal to do said work by saidcorporation, and thereupon the said board of supervisors shallproceed to let the work of constructing or enlarging the same atthe expense of the corporation for the cost thereof, which costsshall be collected by said board of supervisors from saidcorporation, by suit therefor, if necessary. But before saidboard of supervisors shall let such work, it shall give someagent or officer of said corporation, now authorized by the lawsof this state to accept service of summons for said corporation,at least twenty days' actual notice of the time and place ofletting such work.
3. Any owner of land within or without the district may, athis own expense, and in compliance with the terms and provisionsof sections 242.010 to 242.690, construct a bridge across anydrain, ditch, canal or excavation in or out of said district.
4. All drainage districts shall have full authority toconstruct and maintain any ditch or lateral provided in its planfor reclamation, across any of the public highways of this state,without proceedings for the condemnation of the same, or beingliable for damages therefor. Within ten days after a dredge boator any other excavating machine shall have completed a ditchacross any public highway, a bridge adjudged sufficient by thecounty commission of said county or counties shall be constructedover such drainage ditch where the same crosses such highway, andafter such bridge has been constructed it shall become a part ofthe road over which it is constructed and shall be maintained bythe authority authorized by law to maintain the road of which itbecomes a part.
5. When any drainage district has heretofore constructed orshall hereafter construct a bridge over a drainage ditch wherethe same crosses any public highway, said drainage district shallnot be under obligation thereafter to further maintain orreconstruct any such bridge or bridges for more than twenty yearsafter it first constructed or constructs such bridge at saidplace. If said bridge has been constructed by the drainagedistrict and has become a part of said road and is then destroyedthe authorities having control of the road are authorized, ifthey desire, to reconstruct such bridge, provided, however, theword corporation as used in this section shall not apply to thestate or any political or civil subdivision thereof.
(1952) The 1949 amendment to this section did not impair obligation of contract because incorporation of district is not contract with residents of district nor was it retrospective against plaintiff's cause of action. Swisher Inv. Co. v. Brimson Drainage Dist., 362 Mo. 865, 245 S.W.2d 75.
(1976) Where old bridge collapsed, even though it had become "a part of the road over which it is constructed", a county court has discretion not to replace such a bridge and superior judicial courts are not authorized to "restrain or coerce" a county court in its decision. Hoskins v. Shelby Co. (Mo.banc), 536 S.W.2d 1.
Bridges over drainage works--how built or enlarged.
242.350. 1. All bridges contemplated by sections 242.010 to242.690 and all enlargements of bridges already in existenceshall be built and enlarged according to and in compliance withthe plans, specifications and orders made or approved by thechief engineer of the district.
2. If any such bridge shall belong to any corporation, or beneeded over a public highway or right-of-way of any corporation,the secretary of said board of supervisors shall give suchcorporation notice by delivering to its agent or officer, in anycounty wherein said district is situate, the order of the boardof supervisors of said district declaring the necessity for theconstruction or enlargement of said bridge. A failure toconstruct or enlarge such bridge within the time specified insuch order shall be taken as a refusal to do said work by saidcorporation, and thereupon the said board of supervisors shallproceed to let the work of constructing or enlarging the same atthe expense of the corporation for the cost thereof, which costsshall be collected by said board of supervisors from saidcorporation, by suit therefor, if necessary. But before saidboard of supervisors shall let such work, it shall give someagent or officer of said corporation, now authorized by the lawsof this state to accept service of summons for said corporation,at least twenty days' actual notice of the time and place ofletting such work.
3. Any owner of land within or without the district may, athis own expense, and in compliance with the terms and provisionsof sections 242.010 to 242.690, construct a bridge across anydrain, ditch, canal or excavation in or out of said district.
4. All drainage districts shall have full authority toconstruct and maintain any ditch or lateral provided in its planfor reclamation, across any of the public highways of this state,without proceedings for the condemnation of the same, or beingliable for damages therefor. Within ten days after a dredge boator any other excavating machine shall have completed a ditchacross any public highway, a bridge adjudged sufficient by thecounty commission of said county or counties shall be constructedover such drainage ditch where the same crosses such highway, andafter such bridge has been constructed it shall become a part ofthe road over which it is constructed and shall be maintained bythe authority authorized by law to maintain the road of which itbecomes a part.
5. When any drainage district has heretofore constructed orshall hereafter construct a bridge over a drainage ditch wherethe same crosses any public highway, said drainage district shallnot be under obligation thereafter to further maintain orreconstruct any such bridge or bridges for more than twenty yearsafter it first constructed or constructs such bridge at saidplace. If said bridge has been constructed by the drainagedistrict and has become a part of said road and is then destroyedthe authorities having control of the road are authorized, ifthey desire, to reconstruct such bridge, provided, however, theword corporation as used in this section shall not apply to thestate or any political or civil subdivision thereof.
(1952) The 1949 amendment to this section did not impair obligation of contract because incorporation of district is not contract with residents of district nor was it retrospective against plaintiff's cause of action. Swisher Inv. Co. v. Brimson Drainage Dist., 362 Mo. 865, 245 S.W.2d 75.
(1976) Where old bridge collapsed, even though it had become "a part of the road over which it is constructed", a county court has discretion not to replace such a bridge and superior judicial courts are not authorized to "restrain or coerce" a county court in its decision. Hoskins v. Shelby Co. (Mo.banc), 536 S.W.2d 1.
Bridges over drainage works--how built or enlarged.
242.350. 1. All bridges contemplated by sections 242.010 to242.690 and all enlargements of bridges already in existenceshall be built and enlarged according to and in compliance withthe plans, specifications and orders made or approved by thechief engineer of the district.
2. If any such bridge shall belong to any corporation, or beneeded over a public highway or right-of-way of any corporation,the secretary of said board of supervisors shall give suchcorporation notice by delivering to its agent or officer, in anycounty wherein said district is situate, the order of the boardof supervisors of said district declaring the necessity for theconstruction or enlargement of said bridge. A failure toconstruct or enlarge such bridge within the time specified insuch order shall be taken as a refusal to do said work by saidcorporation, and thereupon the said board of supervisors shallproceed to let the work of constructing or enlarging the same atthe expense of the corporation for the cost thereof, which costsshall be collected by said board of supervisors from saidcorporation, by suit therefor, if necessary. But before saidboard of supervisors shall let such work, it shall give someagent or officer of said corporation, now authorized by the lawsof this state to accept service of summons for said corporation,at least twenty days' actual notice of the time and place ofletting such work.
3. Any owner of land within or without the district may, athis own expense, and in compliance with the terms and provisionsof sections 242.010 to 242.690, construct a bridge across anydrain, ditch, canal or excavation in or out of said district.
4. All drainage districts shall have full authority toconstruct and maintain any ditch or lateral provided in its planfor reclamation, across any of the public highways of this state,without proceedings for the condemnation of the same, or beingliable for damages therefor. Within ten days after a dredge boator any other excavating machine shall have completed a ditchacross any public highway, a bridge adjudged sufficient by thecounty commission of said county or counties shall be constructedover such drainage ditch where the same crosses such highway, andafter such bridge has been constructed it shall become a part ofthe road over which it is constructed and shall be maintained bythe authority authorized by law to maintain the road of which itbecomes a part.
5. When any drainage district has heretofore constructed orshall hereafter construct a bridge over a drainage ditch wherethe same crosses any public highway, said drainage district shallnot be under obligation thereafter to further maintain orreconstruct any such bridge or bridges for more than twenty yearsafter it first constructed or constructs such bridge at saidplace. If said bridge has been constructed by the drainagedistrict and has become a part of said road and is then destroyedthe authorities having control of the road are authorized, ifthey desire, to reconstruct such bridge, provided, however, theword corporation as used in this section shall not apply to thestate or any political or civil subdivision thereof.
(1952) The 1949 amendment to this section did not impair obligation of contract because incorporation of district is not contract with residents of district nor was it retrospective against plaintiff's cause of action. Swisher Inv. Co. v. Brimson Drainage Dist., 362 Mo. 865, 245 S.W.2d 75.
(1976) Where old bridge collapsed, even though it had become "a part of the road over which it is constructed", a county court has discretion not to replace such a bridge and superior judicial courts are not authorized to "restrain or coerce" a county court in its decision. Hoskins v. Shelby Co. (Mo.banc), 536 S.W.2d 1.
