☰ Revisor of Missouri

Title XIV ROADS AND WATERWAYS

Chapter 228

< > Effective - 28 Aug 2006, 2 histories, see footnote (history) bottom

  228.190.  Roads legally established, when — deemed abandoned, when — roads deemed public county roads, when. — 1. All roads in this state that have been established by any order of the county commission, and have been used as public highways for a period of ten years or more, shall be deemed legally established public roads; and all roads that have been used as such by the public for ten years continuously, and upon which there shall have been expended public money or labor for such period, shall be deemed legally established roads; and nonuse by the public for five years continuously of any public road shall be deemed an abandonment and vacation of the same.

  2. From and after January 1, 1990, any road in any county that has been identified as a county road for which the county receives allocations of county aid road trust funds from or through the department of transportation for a period of at least five years shall be conclusively deemed to be a public county road without further proof of the status of the road as a public road. No such public road shall be abandoned or vacated except through the actions of the county commission declaring such road vacated after public hearing, or through the process set out in section 228.110.

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(RSMo 1939 § 8485, A.L. 1953 p. 674, A.L. 2006 S.B. 932)

Prior revisions: 1929 § 7839; 1919 § 10635; 1909 § 10446

(2005) Road created by implied or common law dedication is subject to section's provision of abandonment through nonuse.  Kleeman v. Kingsley, 167 S.W.3d 198 (Mo.App. S.D.).


---- end of effective  28 Aug 2006 ----

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228.190 8/28/2007
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