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Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY

Chapter 242

previous next Effective - 28 Aug 1939bottom

  242.270.  Notice of commissioners' report — form — publication. — Upon the filing of the report of the commissioners, the clerk of said circuit court shall give notice thereof by causing publication to be made once a week for three consecutive weeks in some newspaper, published in each county in the district.  It shall not be necessary for said clerk to name the parties interested, but it shall be sufficient to say:

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NOTICE OF FILING OF COMMISSIONERS' REPORT FOR ______ DRAINAGE DISTRICT.
Notice is hereby given to all persons interested in the following described land and property in ______ County (or counties) Missouri (here describe land and property) included within "______ drainage district" that the commissioners heretofore appointed to assess benefits and damages to the property and lands situate in said drainage district and to appraise the cash value of the land necessary to be taken for rights-of-way, holding basins and other works of said district within or without the limits of said district, filed their report in this office on the ______ day of ______, 20______, and you and each of you are hereby notified that you may examine said report and file exceptions to all or any part thereof, as provided by law,
__________________
Clerk of the circuit court of ______ County, Missouri.

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provided, that where lands in different counties are contained in said report, the said notice shall be published in some newspaper in each county in which such lands so affected are situate, and it shall not be necessary to publish a list of all of said lands in each county, but only that part of same situate in the respective counties.

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(RSMo 1939 § 12337)

Prior revisions: 1929 § 10756; 1919 § 4391; 1909 § 5517

(1953) Where notice of organization of drainage district to holder of easement required by §§ 242.020 and 242.030 was not given, the notice and opportunity for hearing on commissioner's report afforded by § 242.270 was ineffectual to comply with due process of law. Farmers Drainage Dist. v. Sinclair Refining Co. (Mo.), 255 S.W.2d 745.


---- end of effective   28 Aug 1939 ----

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