State Codes and Statutes

Statutes > Missouri > T25 > C393 > 393_030

Right to take water from nonnavigable stream and erect dam--purposesfor which company may condemn land.

393.030. 1. Any corporation, company or individualproposing to supply with water any city, town or village, shallhave the right to take water from any stream that is notnavigable and to erect a dam thereon. Any such water corporationshall also have the right to acquire by condemnation sufficientlands to lay pipes for the conveyance of water in, over orthrough any lands situated beyond the source of water supply,regardless of the nature or kind of such source of supply. Anysuch water corporation shall also have the right to acquire bycondemnation sufficient lands upon which to drill wells toprovide an adequate water supply from underground sources. Anysuch water corporation shall also have the right to acquire bycondemnation sufficient lands upon which to build, construct,install and operate facilities for the processing, pumping,storage, distribution and management of water. Any such watercorporation may exercise any, some or all of the above grantedpowers upon complying with the proceedings herein provided for.

2. In case any such corporation, company or individualcannot agree with the owners of such water or lands sought to beobtained, or right-of-way, upon compensation to be paid, or incase the owner is incapable of contracting, be unknown, or be anonresident of this state, such corporation, company orindividual may apply to the circuit court of the county wheresaid land or any part thereof lies, by petition, stating what isdesired.

(RSMo 1939 § 5372, A.L. 1943 p. 410 § 156, A.L. 1955 p. 579, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 4965; 1919 § 10175; 1909 § 3369

Effective 1-2-79

(1954) Water company has no power to condemn land for purpose of taking water from underneath surface under this section. State ex rel. Missouri Water Co. v. Bostian (A.), 272 S.W.2d 857.

(1955) Water company has power to condemn lands upon which to build works for pumping, storage, distribution and management of water and could obtain water from beneath surface thereof. Reversing decision of court of appeals at 272 S.W.2d 857. State ex rel. Missouri Water Co. v. Bostian, 365 Mo. 228, 290 S.W.2d 663.

State Codes and Statutes

Statutes > Missouri > T25 > C393 > 393_030

Right to take water from nonnavigable stream and erect dam--purposesfor which company may condemn land.

393.030. 1. Any corporation, company or individualproposing to supply with water any city, town or village, shallhave the right to take water from any stream that is notnavigable and to erect a dam thereon. Any such water corporationshall also have the right to acquire by condemnation sufficientlands to lay pipes for the conveyance of water in, over orthrough any lands situated beyond the source of water supply,regardless of the nature or kind of such source of supply. Anysuch water corporation shall also have the right to acquire bycondemnation sufficient lands upon which to drill wells toprovide an adequate water supply from underground sources. Anysuch water corporation shall also have the right to acquire bycondemnation sufficient lands upon which to build, construct,install and operate facilities for the processing, pumping,storage, distribution and management of water. Any such watercorporation may exercise any, some or all of the above grantedpowers upon complying with the proceedings herein provided for.

2. In case any such corporation, company or individualcannot agree with the owners of such water or lands sought to beobtained, or right-of-way, upon compensation to be paid, or incase the owner is incapable of contracting, be unknown, or be anonresident of this state, such corporation, company orindividual may apply to the circuit court of the county wheresaid land or any part thereof lies, by petition, stating what isdesired.

(RSMo 1939 § 5372, A.L. 1943 p. 410 § 156, A.L. 1955 p. 579, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 4965; 1919 § 10175; 1909 § 3369

Effective 1-2-79

(1954) Water company has no power to condemn land for purpose of taking water from underneath surface under this section. State ex rel. Missouri Water Co. v. Bostian (A.), 272 S.W.2d 857.

(1955) Water company has power to condemn lands upon which to build works for pumping, storage, distribution and management of water and could obtain water from beneath surface thereof. Reversing decision of court of appeals at 272 S.W.2d 857. State ex rel. Missouri Water Co. v. Bostian, 365 Mo. 228, 290 S.W.2d 663.


State Codes and Statutes

State Codes and Statutes

Statutes > Missouri > T25 > C393 > 393_030

Right to take water from nonnavigable stream and erect dam--purposesfor which company may condemn land.

393.030. 1. Any corporation, company or individualproposing to supply with water any city, town or village, shallhave the right to take water from any stream that is notnavigable and to erect a dam thereon. Any such water corporationshall also have the right to acquire by condemnation sufficientlands to lay pipes for the conveyance of water in, over orthrough any lands situated beyond the source of water supply,regardless of the nature or kind of such source of supply. Anysuch water corporation shall also have the right to acquire bycondemnation sufficient lands upon which to drill wells toprovide an adequate water supply from underground sources. Anysuch water corporation shall also have the right to acquire bycondemnation sufficient lands upon which to build, construct,install and operate facilities for the processing, pumping,storage, distribution and management of water. Any such watercorporation may exercise any, some or all of the above grantedpowers upon complying with the proceedings herein provided for.

2. In case any such corporation, company or individualcannot agree with the owners of such water or lands sought to beobtained, or right-of-way, upon compensation to be paid, or incase the owner is incapable of contracting, be unknown, or be anonresident of this state, such corporation, company orindividual may apply to the circuit court of the county wheresaid land or any part thereof lies, by petition, stating what isdesired.

(RSMo 1939 § 5372, A.L. 1943 p. 410 § 156, A.L. 1955 p. 579, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 4965; 1919 § 10175; 1909 § 3369

Effective 1-2-79

(1954) Water company has no power to condemn land for purpose of taking water from underneath surface under this section. State ex rel. Missouri Water Co. v. Bostian (A.), 272 S.W.2d 857.

(1955) Water company has power to condemn lands upon which to build works for pumping, storage, distribution and management of water and could obtain water from beneath surface thereof. Reversing decision of court of appeals at 272 S.W.2d 857. State ex rel. Missouri Water Co. v. Bostian, 365 Mo. 228, 290 S.W.2d 663.