Section 226.150

Title XIV ROADS AND WATERWAYS

Chapter 226

Effective - 28 Aug 1977   

  226.150.  Commission directed to comply with acts of Congress relating to road funds and road work — may sell unnecessary tools, commission employees not to purchase, exception. — The commission is hereby directed to comply with the provisions of any act of Congress providing for the distribution and expenditure of funds of the United States appropriated by Congress for highway construction, and to comply with any of the rules or conditions made by the Bureau of Public Roads of the Department of Agriculture, or other branch of the United States government, acting under the provisions of federal law in order to secure to the state of Missouri funds allotted to this state by the United States government for highway construction.  The commission is authorized to pay the state's proportion of the cost of roads constructed with federal and state funds out of the state road fund.  Any money due to the state of Missouri from the United States, under the provisions of such acts of Congress, relating to highway construction, shall be received by the state treasury and deposited in a separate fund, and paid out by the state treasurer on requisitions drawn by an officer of the state highways and transportation commission on a warrant of the state auditor.  Said funds being the funds of the federal government allotted to the state of Missouri, no appropriation of the general assembly for the expenditure of such funds shall be necessary.  The commission is authorized to accept, receive and utilize any road machinery, trucks or supplies donated, loaned or sold to the state by the federal government, and to pay the necessary transportation and other expenses of securing the same.  The commission may also sell any unnecessary or surplus tools or equipment and receive payment therefor and all money received on account of such sales, if any, shall be immediately paid into the state treasury to the credit of the state road fund; provided, however, that no such unnecessary or surplus tools or equipment shall be sold directly or indirectly by the commission to any employees of the transportation department except when such sales are made at public sale open to the general public.

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(RSMo 1939 § 8754, A.L. 1977 H.B. 185)

Prior revision: 1929 § 8106

(1975) Failure to negotiate as required by federal law deprives trial court of jurisdiction and prohibition is proper remedy for condemnee.  State ex rel. Weatherby Advertising v. Conley (Mo.), 527 S.W.2d 334.

(1987) This section does not require judicial review of Commission's compliance with federal funding in condemnation actions pursuant to section 523.010 where federal funds are being used and court did not err in denying landowner's subpoena for work product of appraisers issued for the purpose of determining whether condemnor complied with federal law by negotiating in good faith and in accordance with appraisers' reports.  Mo. Highway & Transp. Com'n. v. Anderson, Anderson, 735 S.W.2d 350 (Mo. banc).

(1994)  Expenditure of state road fund for mitigation plan required by federal Pipeline Safety Act is appropriate expenditure under Art. IV, Sec. 30(b), Mo. Const., as it relates and appertains to the construction of Page Avenue Extension of state highway.  DeMere v. Missouri State Highway and Transportation Commission.  876 S.W.2d 652 (Mo. App. W.D.).