Brush adjacent to county roads, to be removed, certaincounties--county commission may remove brush, when, procedures,certain counties.
263.245. 1. All owners of land in any county with a township form ofgovernment, located north of the Missouri River and having no portion ofthe county located east of U.S. Highway 63 and located in any county of thethird classification without a township form of government and with morethan four thousand one hundred but fewer than four thousand two hundredinhabitants, or in any county of the third classification without atownship form of government and with more than two thousand three hundredbut fewer than two thousand four hundred inhabitants shall control allbrush growing on such owner's property that is designated as the countyright-of-way or county maintenance easement part of such owner's propertyand which is adjacent to any county road. Such brush shall be cut, burnedor otherwise destroyed as often as necessary in order to keep such landsaccessible for purposes of maintenance and safety of the county road.
2. The county commission, either upon its own motion or upon receiptof a written notice requesting the action from any residents of the countyin which the county road bordering the lands in question is located or uponwritten request of any person regularly using the county road, may controlsuch brush so as to allow easy access to the land described in subsection 1of this section, and for that purpose the county commission, or its agents,servants, or employees shall have authority to enter on such lands withoutbeing liable to an action of trespass therefor, and shall keep an accurateaccount of the expenses incurred in eradicating the brush, and shall verifysuch statement under seal of the county commission, and transmit the sameto the officer whose duty it is or may be to extend state and county taxeson tax books or bills against real estate. Such officer shall extend theaggregate expenses so charged against each tract of land as a special tax,which shall then become a lien on such lands, and be collected as state andcounty taxes are collected by law and paid to the county commission andcredited to the county control fund.
3. Before proceeding to control brush as provided in this section,the county commission of the county in which the land is located shallnotify the owner of the land of the requirements of this law by certifiedmail, return receipt requested, from a list supplied by the officer whoprepares the tax list, and shall allow the owner of the land thirty daysfrom acknowledgment date of return receipt, or date of refusal ofacceptance of delivery as the case may be, to eradicate all such brushgrowing on land designated as the county right-of-way or county maintenanceeasement part of such owner's land and which is adjacent to the countyroad. In the event that the property owner cannot be located by certifiedmail, notice shall be placed in a newspaper of general circulation in thecounty in which the land is located at least thirty days before the countycommission removes the brush pursuant to subsection 2 of this section.Such property owner shall be granted an automatic thirty-day extension dueto hardship by notifying the county commission that such owner cannotcomply with the requirements of this section, due to hardship, within thefirst thirty-day period. The property owner may be granted a secondextension by a majority vote of the county commission. There shall be nofurther extensions. For the purposes of this subsection, "hardship" may befinancial, physical or any other condition that the county commission deemsto be a valid reason to allow an extension of time to comply with therequirements of this section.
4. County commissions shall not withhold rock, which is provided fromfunds from the county aid road trust fund, for maintaining county roads dueto the abutting property owner's refusal to remove brush located on landdesignated as the county right-of-way or county maintenance easement partof such owner's land. County commissions shall use such rock on the countyroads, even though the brush is not removed, or county commissions mayresort to the procedures in this section to remove the brush.
Brush adjacent to county roads, to be removed, certaincounties--county commission may remove brush, when, procedures,certain counties.
263.245. 1. All owners of land in any county with a township form ofgovernment, located north of the Missouri River and having no portion ofthe county located east of U.S. Highway 63 and located in any county of thethird classification without a township form of government and with morethan four thousand one hundred but fewer than four thousand two hundredinhabitants, or in any county of the third classification without atownship form of government and with more than two thousand three hundredbut fewer than two thousand four hundred inhabitants shall control allbrush growing on such owner's property that is designated as the countyright-of-way or county maintenance easement part of such owner's propertyand which is adjacent to any county road. Such brush shall be cut, burnedor otherwise destroyed as often as necessary in order to keep such landsaccessible for purposes of maintenance and safety of the county road.
2. The county commission, either upon its own motion or upon receiptof a written notice requesting the action from any residents of the countyin which the county road bordering the lands in question is located or uponwritten request of any person regularly using the county road, may controlsuch brush so as to allow easy access to the land described in subsection 1of this section, and for that purpose the county commission, or its agents,servants, or employees shall have authority to enter on such lands withoutbeing liable to an action of trespass therefor, and shall keep an accurateaccount of the expenses incurred in eradicating the brush, and shall verifysuch statement under seal of the county commission, and transmit the sameto the officer whose duty it is or may be to extend state and county taxeson tax books or bills against real estate. Such officer shall extend theaggregate expenses so charged against each tract of land as a special tax,which shall then become a lien on such lands, and be collected as state andcounty taxes are collected by law and paid to the county commission andcredited to the county control fund.
3. Before proceeding to control brush as provided in this section,the county commission of the county in which the land is located shallnotify the owner of the land of the requirements of this law by certifiedmail, return receipt requested, from a list supplied by the officer whoprepares the tax list, and shall allow the owner of the land thirty daysfrom acknowledgment date of return receipt, or date of refusal ofacceptance of delivery as the case may be, to eradicate all such brushgrowing on land designated as the county right-of-way or county maintenanceeasement part of such owner's land and which is adjacent to the countyroad. In the event that the property owner cannot be located by certifiedmail, notice shall be placed in a newspaper of general circulation in thecounty in which the land is located at least thirty days before the countycommission removes the brush pursuant to subsection 2 of this section.Such property owner shall be granted an automatic thirty-day extension dueto hardship by notifying the county commission that such owner cannotcomply with the requirements of this section, due to hardship, within thefirst thirty-day period. The property owner may be granted a secondextension by a majority vote of the county commission. There shall be nofurther extensions. For the purposes of this subsection, "hardship" may befinancial, physical or any other condition that the county commission deemsto be a valid reason to allow an extension of time to comply with therequirements of this section.
4. County commissions shall not withhold rock, which is provided fromfunds from the county aid road trust fund, for maintaining county roads dueto the abutting property owner's refusal to remove brush located on landdesignated as the county right-of-way or county maintenance easement partof such owner's land. County commissions shall use such rock on the countyroads, even though the brush is not removed, or county commissions mayresort to the procedures in this section to remove the brush.
Brush adjacent to county roads, to be removed, certaincounties--county commission may remove brush, when, procedures,certain counties.
263.245. 1. All owners of land in any county with a township form ofgovernment, located north of the Missouri River and having no portion ofthe county located east of U.S. Highway 63 and located in any county of thethird classification without a township form of government and with morethan four thousand one hundred but fewer than four thousand two hundredinhabitants, or in any county of the third classification without atownship form of government and with more than two thousand three hundredbut fewer than two thousand four hundred inhabitants shall control allbrush growing on such owner's property that is designated as the countyright-of-way or county maintenance easement part of such owner's propertyand which is adjacent to any county road. Such brush shall be cut, burnedor otherwise destroyed as often as necessary in order to keep such landsaccessible for purposes of maintenance and safety of the county road.
2. The county commission, either upon its own motion or upon receiptof a written notice requesting the action from any residents of the countyin which the county road bordering the lands in question is located or uponwritten request of any person regularly using the county road, may controlsuch brush so as to allow easy access to the land described in subsection 1of this section, and for that purpose the county commission, or its agents,servants, or employees shall have authority to enter on such lands withoutbeing liable to an action of trespass therefor, and shall keep an accurateaccount of the expenses incurred in eradicating the brush, and shall verifysuch statement under seal of the county commission, and transmit the sameto the officer whose duty it is or may be to extend state and county taxeson tax books or bills against real estate. Such officer shall extend theaggregate expenses so charged against each tract of land as a special tax,which shall then become a lien on such lands, and be collected as state andcounty taxes are collected by law and paid to the county commission andcredited to the county control fund.
3. Before proceeding to control brush as provided in this section,the county commission of the county in which the land is located shallnotify the owner of the land of the requirements of this law by certifiedmail, return receipt requested, from a list supplied by the officer whoprepares the tax list, and shall allow the owner of the land thirty daysfrom acknowledgment date of return receipt, or date of refusal ofacceptance of delivery as the case may be, to eradicate all such brushgrowing on land designated as the county right-of-way or county maintenanceeasement part of such owner's land and which is adjacent to the countyroad. In the event that the property owner cannot be located by certifiedmail, notice shall be placed in a newspaper of general circulation in thecounty in which the land is located at least thirty days before the countycommission removes the brush pursuant to subsection 2 of this section.Such property owner shall be granted an automatic thirty-day extension dueto hardship by notifying the county commission that such owner cannotcomply with the requirements of this section, due to hardship, within thefirst thirty-day period. The property owner may be granted a secondextension by a majority vote of the county commission. There shall be nofurther extensions. For the purposes of this subsection, "hardship" may befinancial, physical or any other condition that the county commission deemsto be a valid reason to allow an extension of time to comply with therequirements of this section.
4. County commissions shall not withhold rock, which is provided fromfunds from the county aid road trust fund, for maintaining county roads dueto the abutting property owner's refusal to remove brush located on landdesignated as the county right-of-way or county maintenance easement partof such owner's land. County commissions shall use such rock on the countyroads, even though the brush is not removed, or county commissions mayresort to the procedures in this section to remove the brush.
