Section 204.340

Title XII PUBLIC HEALTH AND WELFARE

Chapter 204

Effective - 28 Aug 1983   

  204.340.  Board to have power of eminent domain — may cross, traverse or follow public highways — restoration at cost of district. — 1.  The board of trustees shall have the right to condemn any land or other property within the district for right-of-way for trunk sewers or for any other improvement or structure deemed necessary or advisable for or in connection with the sewer and treatment system of the district, and in so doing shall follow the procedure that is provided by chapter 523.  The board of trustees shall also have the same authority to enter upon private lands to survey land or other property before exercise of the above condemnation powers as is granted under section 388.210 to railroad corporations.

  2.  The board of trustees in any first class noncharter county having a population of more than one hundred and forty-five thousand and less than one hundred and fifty thousand as determined by the preceding decennial census may acquire by purchase, gift or condemnation or may lease or rent any real or personal property and in so doing shall follow the procedure that is provided by chapter 523.  All the powers may be exercised both within or without the district as may be necessary for the exercise of its powers or the accomplishment of its purposes.

  3.  The board of trustees of the district, if it is necessary to cross, follow or traverse public streets, roads or alleys, or grounds held or used as public parks or places, shall have the right to do so upon the following conditions:  The board of trustees shall file with the county commission or mayor of the municipality having immediate jurisdiction over the street, road, alley or public park or place, a map showing the location and extent of the proposed occupancy for drainage purposes and a plan of the proposed works, which plan shall be so made and arranged as not to interfere with the ordinary and lawful use of the street, road, alley, public park or place, except during a reasonable time for the construction of the necessary works.

  4.  The entire expense of the works and restoration of the ground occupied to its former condition, as near as may be, shall be borne by the district.

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(L. 1967 p. 310 § 15, A.L. 1983 H.B. 371)