Section 238.247

Title XIV ROADS AND WATERWAYS

Chapter 238

Effective - 28 Aug 2006   

  238.247.  Condemnation, subject to commission or authority approval, ordinance of local governing body — procedures — relocation expenses to be paid, how. — 1.  The district may condemn lands for a project in the name of the state of Missouri, upon prior approval by the commission, or the local transportation authority and by ordinance of the local governing body as appropriate, as to the necessity for the taking of the description of the parcel and the interest taken in that parcel.

  2.  If condemnation becomes necessary the district shall act under chapter 523 and may condemn a fee simple or other interest in land.

  3.  The district may, after prior notice to the owner to enter upon private property, survey and determine the most advantageous route and design.  The district shall be liable for all damages done to the property by such inspection.

  4.  Any person who involuntarily transfers any interest in land to a district which becomes insolvent and comes under the jurisdiction of a court may reacquire that property by paying to the district the total amount of the condemnation award for that parcel, plus statutory interest at the statutory rate from the date of taking on the amount of that award, if the project will not be completed by either the district, the commission or a local transportation authority.

  5.  Whenever a district undertakes any project which results in the acquisition of real property or in any person or persons being displaced from their homes, businesses, or farms, the district shall provide relocation assistance and make relocation payments to such displaced person and do such other acts and follow such procedures as would be necessary to comply with the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.

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(L. 1990 S.B. 479 & 649 § 54, A.L. 2006 H.B. 1944)