228.040. County commission required to open road, when. — When the petition required by section 228.020 is presented, and upon proof of notice having been given as required in section 228.030, if no remonstrance is filed and if the petitioners give the right-of-way for the proposed road or pay into the county treasury an amount of money equal to the whole amount of damages claimed by landowners through whose land the proposed road would run, the county commission may open said road if the commission determines that it is in the public interest of the county, and thereupon the commission shall proceed as in sections 228.010 to 228.190 provided in cases where upon a hearing the commission finds* it necessary to establish a road.
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(L. 1949 p. 551 § 8475, A.L. 2006 S.B. 932)
*Word "find" appears in original rolls.
---- end of effective 28 Aug 2006 ----
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