Section 226.100

Title XIV ROADS AND WATERWAYS

Chapter 226

Effective - 28 Aug 1999   

  226.100.  Principal office to be in Jefferson City — persons authorized to administer oaths. — The principal office of the commission shall be in the City of Jefferson, Missouri.  The said office shall be provided and assigned by the board of public buildings which board may rent or lease offices, if it be found necessary.  The commission shall have a seal bearing the inscription, "Missouri Highways and Transportation Commission", which shall be in the custody of the secretary, and shall be affixed to all official documents of the commission, or of the director, and to such other instruments as the commission shall direct.  The courts of this state shall take judicial notice of said seal.  The commission may sue and be sued in its official name, and for the purpose of suit and other legal proceedings, service may be had on the secretary.  The commission shall be supplied with all necessary books, maps, charts, stationery, office furniture, telephone and other necessary appliances, supplies and incidentals, to be paid for in the same manner as other expenses authorized by chapters 226 and 227.  Each of the members of the commission, the secretary and the director shall have power and authority to administer oaths in all parts of the state, so far as such authority is incidental to the performance of their duties.

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(RSMo 1939 § 8750, A. 1949 S.B. 1073, A.L. 1999 S.B. 268)

Prior revision: 1929 § 8102

(1974) Held that state of Missouri subjects itself to the same obligations as the federal government by accepting responsibility for administering relocation benefits and has thus consented to be sued in a controversy over relocation benefits.  Also held that entry into occupation of property after initiation of negotiations for the property has begun does not bar recovery of relocation benefits. Tullock v. State Highway Commission of Missouri (CA Mo.), 507 F.2d 712.

(1987) For actions against the Missouri Highway and Transportation Commission special venue is fixed in Cole County by 1927 judicial interpretation of section 226.100 since office is established in Jefferson City and thus venue in action against Commission pursuant to this section was improper.  State ex rel. Missouri Highway and Transportation Commission, 731 S.W.2d 461 (Mo. App.).