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Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY

Chapter 445

previous next Effective - 28 Aug 1939bottom

  445.010.  Plats of cities, towns, villages — shall show what. — 1.  Whenever any city, town or village, or any addition to any city, town or village, shall be laid out, the proprietor of such city, town or village, or addition, shall cause to be made out an accurate map or plat thereof, particularly setting forth and describing:

  (1)  All parcels of ground within such town, village or addition reserved for public purposes by their boundaries, course and extent, whether they be intended for avenues, streets, lanes, alleys, commons or other public uses; and

  (2)  All lots for sale, by numbers, and their precise length and width.

  2.  And the streets of all such additions to cities, towns or villages, or of plats of ground, except plats for cemetery purposes, shall conform to the streets of such city, town or village, so that the streets and avenues of such additions or plats shall, as near as may be, run parallel with or be continuations on a straight line of the streets of said city, town or village, and all taxes against the property proposed to be platted shall be paid.

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(RSMo 1939 § 12804)

Prior revisions: 1929 § 11180; 1919 § 9283; 1909 § 10290

CROSS REFERENCES:

Commissioners in partition suit to divide land into lots, when, map shall be filed, 528.270, 528.330, 528.550, 528.560

Estate may be divided into town lots and platted, when, 473.533

(1953) Conveyance of lots by reference to recorded plat on which tract was designated as private street, creates perpetual easement in such tract for street purposes in purchasers of lots abutting thereon and their successors. Larkin v. Kieselmann (Mo.), 259 S.W.2d 785.

(1957) A common law dedication is accomplished when a landowner does some act which clearly indicates his intention to dedicate the land to public use and there is an acceptance by the public. Acceptance may be implied from long use by the public as of right. City of St. Charles v. DeSherlia (A.), 308 S.W.2d 456.

(1972) Where original owner platted open named roadways reaching each tract in subdivision and made certain restrictions and reservations but did not limit the right to use the roadways, purchaser of tract therein was not limited to use roadways only for residential development and were entitled to drive their trucks to and from hauling topsoil from their tract in their home-building operations. Good v. Bennett (A.), 480 S.W.2d 77.

(1974) Held that public has the right to exclusive use of highways for public purposes and any unauthorized obstruction or encroachment thereon constitutes a nuisance. State ex rel.  State Highway Commission v. Johns (A.), 507 S.W.2d 75.


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

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