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| Home > Statutes > Usa Missouri |
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USA Statutes : missouri
Title : ROADS AND WATERWAYS
Chapter : Chapter 229 Provisions Relating to All Roads
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All public roads in this state which hereafter may be
established shall not be less than thirty feet in width. (RSMo 1939 §
8471)
Prior revisions: 1929 § 7825; 1919 § 10623; 1909 § 10433
(1967) Creating of public road under section 228.190 was valid although
road created was only 18 to 20 feet wide and this section requires that
public roads shall not be less than 30 feet in width. Drydale v. Kiser
(Mo.), 413 S.W.2d 506.
County commissions in counties of this state which now have, or
may hereafter have, over fifty thousand inhabitants according to the last
preceding census, where any such county is adjacent to a city of over six
hundred thousand inhabitants, are hereby authorized to establish public
roads less than thirty feet in width or accept, in whole or in part, as
public highways, roads already established where the same parallel and
abut upon either side of the rights-of-way of steam railroads, electric
or interurban railroads and the two roads aggregate not less than fifty
feet in width. (RSMo 1939 § 8646)
Prior revisions: 1929 § 7997; 1919 § 10781
Public roads shall be cleared of all obstructions therein that
hinder or interfere with travel or traffic thereon, and shall be made
firm, and the surface thereof shall be kept in a reasonably smooth and
level condition; and all necessary bridges and culverts shall be
constructed for same. (RSMo 1939 § 8472)
Prior revisions: 1929 § 7826; 1919 § 10624; 1909 § 10434
CROSS REFERENCE: Approaches of roadways over levees to be built, RSMo
245.430, 245.530
(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.
(1977) Held, erection of barricades by city of St. Louis did not violate
this section. State ex rel. Schmitz v. City of St. Louis (A.), 551 S.W.2d
848.
1. Whenever any public money, whether arising from taxation or
from bonds heretofore or hereafter issued, is to be expended in the
construction, reconstruction or other improvement of any road, or bridge
or culvert, the county commission, township board or road district
commissioners, as the case may be, shall have full power and authority to
construct, reconstruct or otherwise improve any road, and to construct
any bridge or culvert in such county or other political subdivision of
the state, and to that end may contract for such work, or may purchase
machinery, employ operators and purchase needed materials and employ
necessary help and do such work by day labor.
2. The county commission, the township board or road district
commissioners may accept donations of labor or materials from interested
parties either on road improvements or bridge constructions and said
authority may employ labor or contractors to complete said improvements.
3. Before beginning the construction or improvement of any road, bridge
or culvert by day labor or by contract, the plans, specifications,
estimates of drainage, maps, profiles, estimates of cost and the specific
location of such road, bridge or culvert shall be filed in the office of
the county clerk, township clerk, or commissioner of road district, as
the case may be, and before becoming effective shall be approved by said
county, township or road district authorities.
4. On completion of the work a detailed statement of the cost shall be
filed as in section 229.050 provided, and shall be recorded in the book
wherein are recorded contractors' bids; when any payrolls or construction
accounts are certified to as correct by the engineer in charge of the
work, the bills for the same shall be passed upon by the county
commission, township board or district commissioner, and if found
correct, shall be paid; provided, that all such work shall be done under
the supervision and direction of the county highway engineer, or some
other competent engineer employed by the county commission or other
proper authority, at such compensation as may be agreed upon, payable
wholly or in part out of the particular fund to be expended on said
construction, reconstruction or other improvement. (RSMo 1939 § 8595)
Prior revisions: 1929 § 7946; 1919 § 10733
CROSS REFERENCES: County planning commission, approval, first class
counties, RSMo 64.050, 64.080 Streets and alleys in unincorporated towns,
etc., under control of county commission, road overseer and county
engineer, RSMo 231.340, 231.350
(1953) Where member of township board was employed to perform work and
labor on township roads and bridges by approval of two other members of
board, contract was voidable, not void, because against public policy,
but township could not recover money after contract was completely
executed on both sides and there was no showing of unjust enrichment.
Polk Twp. Sullivan Co. v. Spencer, 364 Mo. 97, 259 S.W.2d 804.
(1962) In action against county and county judges, petition was properly
dismissed as a claim against either county or judges in trespass but
second count stated claim in nature of taxpayers' class action upon which
relief could be granted enjoining illegal expenditures of public tax
money for improving privately owned road. Miller v. Ste. Genevieve County
(Mo.), 358 S.W.2d 28.
1. Whenever it shall be ordered by the county commission,
township board or district commissioner, as the case may be, that any
road, bridge or culvert in the county be constructed, reconstructed or
improved or repaired by contract, and the engineer's estimated cost
thereof exceeds the sum of five hundred dollars, the county, township or
district authorities shall order the county highway engineer, or other
engineer in their employ, or both such engineers acting together, if so
desired, to prepare and file with the clerk of the county commission,
township board or district commissioners, as the case may be, all
necessary maps, plans, specifications and profiles, and an estimate of
the cost of the work. The county commission or other proper authority may
approve or reject the maps, plans, specifications and profiles and order
others prepared and filed.
2. When the maps, plans, specifications and profiles have been approved,
the county, township or district authorities shall order the engineer to
advertise the letting of the contract proposed to be let by advertisement
in some newspaper published in the county wherein the contract is to be
executed, which said advertisement shall be published once a week for
three consecutive weeks, the last insertion to be within ten days of the
day of letting.
3. All bids shall be in writing, accompanied by instructions to bidders
which shall be furnished by the engineer upon application. All bids on
road work shall state the unit prices upon which the same are based. All
bids shall be sealed and filed with the clerk of the county commission,
township board or special road district commissioners, and, on the day
and at the hour named in the advertisement, shall be publicly opened and
read in the presence of the county commission, township board or special
road district commissioners, and the engineer, and shall then be recorded
in detail in some suitable book. All bids shall be accompanied by a
certified check equal to ten percent of the engineer's estimate of cost,
payable to the county treasurer, to the use of the county, township or
road district, as the case may be, or a bidder's bond executed by some
surety company authorized to do business in this state or other good and
sufficient surety in a like sum shall be given, as a guarantee on the
part of the bidder that if his bid be accepted he will, within ten days
after receipt of notice of such acceptance, enter into contract and bond
to do the work advertised, and in case of default forfeit and pay sum of
ten percent of the engineer's estimate of cost.
4. The contract shall be awarded to the lowest responsible bidder. The
county commission may in its discretion reject any or all bids. Any bid
in excess of the engineer's estimate of the cost of the work to be done
shall be rejected. When it shall be decided by order of record to accept
any bid, the county, township or district authorities shall order a
contract to be entered into by and between the bidder and the county,
township or special road district, as the case may be. The contract shall
have attached to and made a part thereof the proposal sheet, instructions
to bidders, and bid, maps, plans, specifications and profiles.
5. Whenever the contract is executed and approved by order of record and
endorsement thereon, it shall be filed and preserved as a permanent
record. It shall be incorporated in the contract that the county,
township or special road district shall reserve the right to make any
additions to, omissions from, changes in or substitutions for the work or
materials called for by the drawings and specifications, without notice
to the surety on the bond given to secure the faithful performance of the
terms of the contract. The bidder must agree that before the county or
political subdivision shall be liable for any additional work or
material, the county or political subdivision must first order the same,
and the cost thereof must be agreed upon in writing and entered of record
before such additional work shall apply in case of omissions, deductions
or changes, and the unit prices shall be the basis of the values of such
changes.
6. In case of disagreement upon the cost or price of any addition,
omission or change ordered or so desired, then it is expressly agreed
that the decision of the state highway engineer shall be received and
accepted as fixing definitely and finally the cost of such change, and
when so fixed, the county commission, township board or special road
district commissioners shall enter of record such change. It shall also
be provided in the contract that the contractor will furnish and promptly
pay for all labor employed and materials used in the performance of such
contract. (RSMo 1939 § 8596)
Prior revisions: 1929 § 7947; 1919 § 10734; 1909 § 10564
The contractor shall enter into a bond in such sum as may be
fixed by the county commission, township board or district commissioners,
with some surety company authorized to do business in this state as
surety thereon or other good and sufficient surety, the condition of such
bond to be that the contractor will faithfully discharge his duties under
the contract within the time and in the manner therein provided, and that
he will furnish and promptly pay for all labor employed and materials
used and equipment rented in the performance of said contract, and the
state, county or political subdivision, or any laborer, materialman or
other person injured by breach of such contract may sue on such bond. All
such bonds when approved by the proper authorities shall be recorded upon
the proper records. (RSMo 1939 § 8597)
Prior revisions: 1929 § 7948; 1919 § 10735; 1909 § 10564
CROSS REFERENCE: Bond of contractors for public work, generally, RSMo
107.170
1. It shall be the duty of each contractor who has entered into
a contract for any road or bridge work to report in writing to the
engineer in charge thereof on or before the second day of each month,
setting forth in detail the amount and character of the work done under
his contract during the preceding month.
2. The engineer shall carefully examine such report and shall indicate in
writing attached to the report any errors therein or any explanations
that he may deem necessary for the information of the county commission
or other proper authorities, and if said report shall be found to be
correct he shall so state and shall file same with the county clerk,
clerk of the township board or district commissioner, as the case may be.
3. The county commission or other proper authorities shall examine such
report, and may order such amounts paid on the contract as may be deemed
safe and just, and as may be provided in the contract covering such work,
but full payment for any work to be performed by contract shall not be
made until the work has been completed and accepted by the county highway
engineer or engineer in charge of same.
4. The county highway engineer or engineer in charge of the work shall
inspect the work contracted for from time to time and make report
thereon; and before any final settlement is made with any contractor the
county highway engineer or engineer in charge of the work shall make a
personal inspection of same, and shall make written statement under oath
that he has made such inspection and that the contractor has performed
his work according to contract. (RSMo 1939 § 8598)
Prior revisions: 1929 § 7949; 1919 § 10736; 1909 § 10566
Whenever any citizen or citizens of any county shall subscribe
any sum not less than fifty dollars, for the purpose of grading, tiling,
ditching or surfacing any portion of any public road in such county, and
shall deposit the same with the county treasurer of such county, the
county commission may appropriate and pay out of the road funds of the
county a like amount for the same purpose. The amount so subscribed shall
be paid out only for such work as shall be designated by the subscribers
thereof, and shall be expended under the direction and supervision of the
county highway engineer. (RSMo 1939 § 8584)
Prior revisions: 1929 § 7935; 1919 § 10723; 1909 § 10537
No member of a highway board or county commission, and no
highway engineer or road overseer shall be the sales agent in the sale
to, or purchase by, the state, county or road districts, of road tools,
culvert or bridge materials or machinery, or be pecuniarily interested in
any contract for the building of any bridge or culvert or for the
improvement of any public road to which the county or any road district
is a party. (RSMo 1939 § 8593)
Prior revisions: 1929 § 7944; 1919 § 10731; 1909 § 10542
CROSS REFERENCE: County engineers, surveyors and overseer not to be sales
agents, RSMo 61.300
No person or persons, association, companies or corporations
shall erect poles for the suspension of electric light, or power wires,
or lay and maintain pipes, conductors, mains and conduits for any purpose
whatever, through, on, under or across the public roads or highways of
any county of this state, without first having obtained the assent of the
county commission of such county therefor; and no poles shall be erected
or such pipes, conductors, mains and conduits be laid or maintained,
except under such reasonable rules and regulations as may be prescribed
and promulgated by the county highway engineer, with the approval of the
county commission. (RSMo 1939 § 8573)
Prior revisions: 1929 § 7924; 1919 § 10712; 1909 § 10515
CROSS REFERENCES: Electric transmission lines, placing by rural electric
cooperative on public thoroughfares, RSMo 394.080 Telephone and telegraph
companies, construction of lines along highways, RSMo 392.080 Underground
water mains, construction along highways by water company, RSMo 393.020
1. Every person owning a hedge fence situated along or near the
right-of-way of any public road shall between the first days of May and
August of each year cut the same down to a height of not more than five
feet, and any owner of such fence failing to comply with this section
shall forfeit and pay to the capital school fund of the county wherein
such fence is situated not less than fifty nor more than five hundred
dollars, to be recovered in a civil action in the name of the county upon
the relation of the prosecuting attorney, and any judgment of forfeiture
obtained shall be a lien upon the real estate of the owner of such fence
upon which same is situated, and a special execution shall issue against
said real estate and no exemption shall be allowed.
2. Any prosecuting attorney who shall fail or refuse to institute suit as
herein provided within thirty days after being notified by any road
overseer, county or state highway engineer, that any hedge fence has not
been cut down to the height herein required within the time required,
shall be removed from office by the governor and some other person
appointed to fill the vacancy thus created. The cutting of any such fence
after the time herein required shall not be a defense to the action
herein provided for. (RSMo 1939 § 8578)
Prior revisions: 1929 § 7929; 1919 § 10717; 1909 § 10526
The county highway engineer and overseers shall protect all
fruit, shade and ornamental trees along the sides of the public roads,
and shall forthwith remove all signs and advertisements whatsoever that
may have been nailed or fastened to any of said trees. And it shall be
the duty of the county highway engineer to see that this provision is
enforced. (RSMo 1939 § 8579)
Prior revisions: 1929 § 7930; 1919 § 10718; 1909 § 10531
Every overseer shall erect and maintain at every road fork, or
road crossing, in his district that would likely mislead, a fingerboard,
containing a legible inscription, directing the way and noting the
distance to the next important place on the road, for which he may be
allowed not to exceed two dollars, to be paid out of the road fund of the
district. (RSMo 1939 § 8580)
Prior revisions: 1929 § 7931; 1919 § 10719; 1909 § 10532
1. All driveways or crossings over ditches connecting highways
with the private property shall be made under the supervision of the
overseer or commissioners of the road districts.
2. Any person or persons who shall willfully or knowingly obstruct or
damage any public road by obstructing the side or cross drainage or
ditches thereof, or by turning water upon such road or right-of-way, or
by throwing or depositing brush, trees, stumps, logs, or any refuse or
debris whatsoever, in said road, or on the sides or in the ditches
thereof, or by fencing across or upon the right-of-way of the same, or by
planting any hedge or erecting any advertising sign within the lines
established for such road, or by changing the location thereof, or shall
obstruct said road, highway or drains in any other manner whatsoever,
shall be deemed guilty of a misdemeanor, and, upon conviction, shall be
fined not less than five dollars nor more than two hundred dollars, or by
imprisonment in the county jail for not exceeding six months, or by both
such fine and imprisonment.
3. The road overseer of any district, or county highway engineer, who
finds any road obstructed as above specified, shall notify the person
violating the provisions of this section, verbally or in writing, to
remove such obstruction. Within ten days after being notified, he shall
pay the sum of five dollars for each and every day after the tenth day if
such obstruction is maintained or permitted to remain; such fine to be
recovered by suit brought by the road overseer, in the name of the road
district, in any court of competent jurisdiction. (RSMo 1939 § 8581)
Prior revisions: 1929 § 7932; 1919 § 10720; 1909 § 10533
All persons owning, controlling or managing threshing machines,
sawmills and steam engines or gasoline tractors are required, in moving
the same over public highways to lay down planks not less than one foot
wide and three inches in thickness on the floors of all bridges situate
on the public highways, while crossing the same with such threshing
machines, sawmills, steam engines or gasoline tractors, and in the event
any person owning any such machinery shall cross or attempt to cross any
bridge upon any public highway with such machinery who shall neglect or
fail to lay down said planks as a protection to said bridge and who
shall, by reason of such neglect cause injury to any such bridge, he
shall be liable for double the amount of such injury to be recovered in
the name of the county or any subdivision thereof, to the use and benefit
of the road and bridge fund. (RSMo 1939 § 8591)
Prior revisions: 1929 § 7942; 1919 § 10728; 1909 § 10545
Any person violating any of the provisions of sections 229.040
to 229.200, or willfully failing to comply with the requirements of same,
shall be deemed guilty of a misdemeanor, and, where no other or different
punishment is fixed, shall be fined not less than five nor more than five
hundred dollars. (RSMo 1939 § 8594)
Prior revisions: 1929 § 7945; 1919 § 10732; 1909 § 10550
It shall be unlawful for any person to drive a vehicle, an
animal or animals or a load of any kind upon a highway bridge or culvert
recently constructed or repaired wholly or partly of concrete or upon the
surface of any improved highway of macadam, concrete, brick or bituminous
material; and which has not been opened to traffic after the construction
or repair, by order of the county highway engineer of the county in which
such bridge or culvert or improved highway is situated, or by order of
any other person having charge of the construction or repair of said
bridge or culvert or improved highway; provided, due notice to the public
has been given that the bridge or culvert or improved highway is closed
to traffic, by placing barriers across the entrances to the bridge or
culvert or improved highway and by written or printed handbills placed at
either entrance to the bridge or culvert or improved highway stating that
the bridge or culvert or improved highway is closed to traffic and
mentioning the date on which same will be opened to traffic signed by the
county highway engineer or by the person in charge of the construction or
repair of the bridge or culvert or improved highway. (RSMo 1939 § 8589)
Prior revision: 1929 § 7940
Any person violating the provisions of section 229.210 and any
person who shall unlawfully remove either of the barriers or either of
the written or printed notices above mentioned, shall be adjudged guilty
of a misdemeanor and upon conviction shall be punished by a fine of not
less than five dollars nor more than one hundred dollars. (RSMo 1939 §
8590)
Prior revision: 1929 § 7941
The governing assembly of any county, city, or village of this
state may designate any street, road, or highway within such county,
city, or village as a memorial road for any law enforcement officer who
is killed in the line of duty. Any county, city, or village designating a
memorial road pursuant to this section shall provide for and shall be
responsible for the costs, erection, and maintenance of any signs marking
the designated road. (L. 2002 H.B. 2039)
No person, firm or corporation shall move, haul or transport any
house, building or other structure upon, across or over any public
highway outside of the limits of any city of the first, second or third
class, or any city existing under a scheme and charter or a special
charter in the state of Missouri, without first obtaining a permit
therefor, as provided in section 229.240; provided, that nothing herein
shall apply to a city having a population of fifteen thousand or less.
(RSMo 1939 § 8599)
Prior revisions: 1929 § 7950; 1919 § 10737
1. All applications for permits to move houses, buildings or
other structures upon, across or over any public highway outside of the
limits of any city of the first, second or third class, or any city
existing under a scheme and charter or a special charter in this state,
shall be made to the county clerk of the county in which the property is
situated, and shall state the location of the house, building or other
structure to be moved, its greatest length, width and height, and shall
state definitely the route over which it is to be moved, and whether or
not it will be necessary to cut, remove, raise or in any way interfere
with any electric transmission lines or electric wires, or the feed or
trolley wires of any interurban railroad, or move any pole bearing any
such wires, or whether it will be necessary to cross the tracks of any
steam or interurban railroad; and if it shall be necessary to cut,
remove, raise or in any way interfere with any such wires, the
application shall state the names of the owners of such wires, the time
and place when and where the removal of said poles, or the cutting,
raising or otherwise interfering with the said wires will be necessary,
or the crossing of said steam or interurban tracks, and the proposed new
location thereof.
2. The county surveyor, or highway engineer, or the county commission, as
the case may be, shall have authority to require any changes in such
route which he or they shall deem proper under the attendant
circumstances. (RSMo 1939 § 8600)
Prior revisions: 1929 § 7951; 1919 § 10738
If it shall appear from the application that it will be
necessary to cut, remove, raise or in any way interfere with any electric
wires, transmission lines, or the feed and trolley wires of any
interurban railroad, or move any poles bearing any such wires or cables,
or that it will be necessary to cross the tracks of any steam or
interurban railroad, it shall be the duty of the county clerk to give the
persons, firms or corporations owning or operating such wires, feed
wires, transmission lines, trolley wires, or owners of such steam or
interurban railroads at least five days' notice of the time and place
when and where the removal of said poles, or the cutting or raising or
otherwise interfering with said wires, or the crossing of any steam or
interurban railroad will be necessary. (RSMo 1939 § 8601)
Prior revisions: 1929 § 7952; 1919 § 10739
1. It shall be the duty of any person, firm or corporation
owning or operating said poles, wires, transmission lines, feed or
trolley wires, or steam or interurban railroads, after service of notice
as required in section 229.250, to furnish competent workmen or linemen
to remove such poles, or raise or cut such wires as will be necessary to
facilitate the moving of said house, building or other structure.
2. The actual expense which is incurred by any person, firm or
corporation for cutting, removing or otherwise facilitating the moving of
any such house, building or other structure, shall be paid by the person,
firm or corporation requesting the removal of the poles, or raising or
cutting the wires. Actual expenses for the person, firm or corporation
requesting the removal of the poles, or raising or cutting the wires,
incurred in removal of the poles or in the raising or cutting of the
wires shall only include the actual additional expenses incurred by the
owner or operator of the poles or wires and shall not include other fixed
expenses which would be incurred by such owner or operator whether or not
removal of poles or raising or cutting of wires is required under this
section. In addition, where the removal of poles or the raising or
cutting of wires is required under this section solely due to
noncompliance with federal regulations involving the minimum height of
wires above the property over which they cross, the owner or operator of
the poles and wires shall pay the costs incurred pursuant to this
section. The person, firm or corporation owning or operating the poles,
wires, transmission lines, feed or trolley wires, or steam or interurban
railroads may require the person, firm or corporation requesting the
removal, raising or cutting to furnish an appropriate bond or other
surety agreement ensuring payment of all such expenses.
3. No person engaged in moving any house, building or any other structure
shall raise, cut or in any way interfere with any such poles, wires or
transmission lines unless the persons or authorities owning or having
control of the same shall refuse so to do, after having been notified as
required by section 229.250, and then only competent and experienced
workmen or linemen shall be employed in such work, and the same shall be
done in a careful and workmanlike manner, and the poles, wires and
transmission lines promptly replaced, and damages thereto promptly
repaired at the expense of the person, firm or corporation requesting the
removal of the poles, or raising or cutting the wires. Actual expenses
for the person, firm or corporation requesting the removal of the poles,
or raising or cutting the wires, incurred in removal of the poles or in
the raising or cutting of the wires shall only include the actual
additional expenses incurred by the owner or operator of the poles or
wires and shall not include other fixed expenses which would be incurred
by such owner or operator whether or not removal of poles or raising or
cutting of wires is required under this section. In addition, where the
removal of poles or the raising or cutting of wires is required under
this section solely due to noncompliance with federal regulations
involving the minimum height of wires above the property over which they
cross, the owner or operator of the poles and wires shall pay the costs
incurred pursuant to this section. The person, firm or corporation owning
or operating the poles, wires, transmission lines, feed or trolley wires,
or steam or interurban railroads may require the person, firm or
corporation requesting the removal, raising or cutting to furnish an
appropriate bond or other surety agreement ensuring payment of all such
expenses. (RSMo 1939 § 8602, A.L. 1990 H.B. 1845)
Prior revisions: 1929 § 7953; 1919 § 10740
Before a permit to move any house, building or other structure
is granted under the provisions of sections 229.230 to 229.290, the
applicant for such permit shall pay to the county clerk the sum of one
dollar therefor, and the county clerk shall account for such fees as is
provided for in other cases. (RSMo 1939 § 8604)
Prior revisions: 1929 § 7955; 1919 § 10742
It shall be unlawful for any person, firm or corporation engaged
as principal or employee in moving any house, building or other structure
upon, across or over any public highway outside of the limits of any city
of the first, second or third class, or any city existing under a scheme
and charter or special charter, to touch, move, cut, molest or in any way
interfere with any electric wires, or any transmission lines, or the feed
or trolley wires of any interurban railroad, or any poles bearing any
such wires or cables, or other structures on any public highway, except
under and in compliance with the provisions of sections 229.230 to
229.290. (RSMo 1939 § 8603)
Prior revisions: 1929 § 7954; 1919 § 10741
Any person violating the provisions of sections 229.230 to
229.290 shall be deemed guilty of a misdemeanor and, upon conviction,
shall be punished by a fine of not less than ten dollars and not more
than one hundred dollars, or by imprisonment in the county jail for not
less than five days and not more than sixty days, or by both such fine
and imprisonment. (RSMo 1939 § 8605)
Prior revisions: 1929 § 7956; 1919 § 10743
In all counties of class one it shall be unlawful for any
person, firm, association or corporation to excavate or encroach on, or
cause to be excavated or encroached on, or to lay, locate, erect, remove
or maintain any conduits, poles, pole lines, wires, mains, pipes,
conductors, sewers, tramways or drains, within, upon or across the
right-of-way of any street, avenue, boulevard, road, alley, public
easement, or highway outside the city limits of any municipality in such
county; or to move upon, over or across any such street, avenue,
boulevard, road, alley, public easement or highway, any building, house
or other structure, or to operate or cause to be operated, on any such
street, avenue, boulevard, road, alley, public easement or highway, any
vehicle, or combination of any vehicle or house, building or other
structure, which exceeds the limits of length, width, height, or weight
as set forth by the regulations of the Missouri state highways and
transportation commission governing such on state highways, without first
having obtained a written permit, denominated as a special use permit,
from the county highway engineer and surveyor. (RSMo 1939 § 8647, A.L.
1945 p. 1489)
Prior revision: 1929 § 7998
The application for such special use permit shall be made by the
party in interest at an office of the county highway engineer and
surveyor on blanks kept by him and furnished by the county. The applicant
shall state his name, residence, and business address, the purpose for
which the application is made, giving the exact location, or locations,
of the street, avenue, boulevard, road, alley, public easement, or
highway involved, the nature of the proposed use, the starting time and
the approximate time desired to complete the particular use and that he
will restore and replace such street, avenue, boulevard, road, alley,
public easement, or highway, together with any other and further
information which may be deemed necessary and pertinent by the county
highway engineer. (RSMo 1939 § 8648, A.L. 1945 p. 1489)
Prior revision: 1929 § 7999
1. The county highway engineer shall have authority to require
any changes in the route, or to prescribe the time, method, and manner of
such moving, or the use of such street, avenue, boulevard, road, alley,
public easement, or highway, or any right-of-way or appurtenances
thereto, and for good cause shown, when it is necessary to protect the
right-of-way of, or, any such street, avenue, boulevard, road, alley,
public easement, or highway, or the safety of the public, may refuse such
application.
2. The county highway engineer may require any and all such applicants to
furnish and post such cash or bond as may be necessary for the protection
of the public ways herein described, and appurtenances thereof, as he may
deem proper under the circumstances. It shall be a condition of such bond
that the applicant will refill such excavation or restore, repair or
replace any such street, avenue, boulevard, road, alley, public easement,
or highway, or any part of the right-of-way thereof, disturbed or
affected, so that the same will be in as good condition as before the
same was used for such purpose, and will keep and maintain the portion
thereof so affected in such condition for a period of six months from the
completion of such work or use, and will save such county harmless from
any cost or expense occasioned or required by such work or use, for such
period of time.
3. In the event the business or occupation of the applicant is such that
he is or may be required to make frequent applications for a special use
permit, such applicant may be allowed to give a general bond to cover any
and all such uses which may be made by such applicant during the fiscal
year of the county. (RSMo 1939 §§ 8649, 8650, A.L. 1945 p. 1489 § 8649)
Prior revision: 1929 §§ 8000, 8001
1. If the use, excavation or encroachment of such street,
avenue, boulevard, road, alley, public easement, or highway is of such
nature to cause or result in disturbance or change, and the applicant
fails or refuses to restore and replace such in substantially the same
condition as before such use, excavation or encroachment, within thirty
days after the completion of such use, excavation or encroachment, or
such longer period as may be provided in writing by the county highway
engineer and surveyor, such office shall give written notice to the
applicant to refill, replace and restore such street, avenue, boulevard,
road, alley, public easement, or highway in as good condition as it was
at the time of such use, excavation or encroachment was commenced, and to
keep and maintain the portion of such so affected in such condition for a
period of six months from the date so fixed for the completion of such
work, and to save the county harmless from any cost or expense occasioned
or required in the refilling, repairing, restoring of such highway for
such period, due to or occasioned by such use, excavation or encroachment.
2. If the applicant fails or refuses to make proper restoration of said
premises as required in such notice, within ten days after receipt of a
registered letter containing such notice the highway engineer and
surveyor may cause the necessary work to be done and charge the expense
thereof to such applicant, deducting the amount therefor from the cash
deposit made by such applicant or by an action on the bond, as the case
may be.
3. Any balance due the applicant from the cash deposit on hand, if any,
shall be paid such applicant upon the fulfillment of all obligations
hereunder. Any deduction from such deposit or recovery from such bond
shall not excuse or relieve such applicant from any prosecution,
conviction, fine or any penalty imposed for violation of any of the
provisions of sections 229.300 to 229.370. (RSMo 1939 § 8651, A.L. 1945
p. 1489 § 8650)
Prior revision: 1929 § 8002
Each applicant for a permit under the provisions of sections
229.300 to 229.370 may be required by the county highway engineer to pay
a fee in an amount determined by the county commission by order of
record, not to exceed the sum of seven dollars for each such application,
which fee is to be paid into a special fund in the county treasury and to
be used for the purpose of paying the expenses incident to the provisions
of sections 229.300 to 229.370. Any balance on hand in such fund at the
end of the fiscal year of such county shall be paid into the special
county road and bridge fund of such county. (RSMo 1939 § 8652, A.L. 1945
p. 1489 § 8651, A.L. 2004 H.B. 795, et al.)
Prior revision: 1929 § 8003
If it shall appear from the application that it will be
necessary to cut, remove, raise, lower or change or in any way interfere
with any electric wires, transmission lines, telephone or telegraph lines
or wires or the feed and trolley wires of any interurban or electric
railroad, or the location of same, or move or remove any poles bearing
any such lines, wires, or cables, or that it will be necessary to cross
the tracks of any steam, electric or interurban railway; or if at any
time it shall become necessary because of a change in the grade or for
any other purpose whatsoever made necessary by reason of the widening,
improving, repairing, construction, reconstructing or maintaining of any
street, avenue, boulevard, road, alley, public easement, highway, bridge
or culvert by any lawful authority to lower, raise, remove, change or
alter in any manner the location or maintenance of any conduits, poles,
pole lines, wires, mains, pipes, conductors, sewers, drains, tramways or
other objects within, on, under or over the right-of-way of any public
way, the county highway engineer and surveyor shall give the persons,
firms or corporations owning, leasing or operating such objects at least
five days' notice of the time and place when and where the removal of
said poles or the cutting or raising or otherwise interfering with said
wires or the crossing of any steam, interurban or electric railway, or
the removal, change or alteration of any such object will be necessary.
(L. 1945 p. 1489 § 8652)
It shall be the duty of any person, firm or corporation owning,
leasing, or operating any such conduits, poles, pole lines, wires, mains,
pipes, conductors, sewers, drains, tramways or other objects, after
service of the notice required in section 229.350 to furnish such
competent workmen and crews as may be necessary to effect such removal,
change or alteration, and to pay all actual expenses which are incurred
by any person, firm, corporation or political subdivision in so doing. In
making such necessary removal, change or alteration, no other person,
firm, corporation or political subdivision shall interfere with or make
any such change, removal or alteration until the owner, lessee or
operators of such object shall have been notified as provided in section
229.350, and shall have failed or refused to do so within a reasonable
time, and in the event of such failure or refusal such work shall be done
only by competent and experienced workmen at the cost and expense,
however, of the owner, lessee or operators of such object. (L. 1945 p.
1489 § 8653)
Any person, firm or corporation violating the provisions of
sections 229.300 to 229.370 or failing to comply therewith shall, upon
conviction thereof, be deemed guilty of a misdemeanor. The provisions of
sections 229.300 to 229.370 shall apply only to counties of class one,
and any and all laws or parts of laws in conflict herewith are hereby
repealed. (RSMo 1939 § 8654, A.L. 1945 p. 1489)
Prior revision: 1929 § 8005
When any public road in this state shall run across two or more
tracks of railroad within two hundred feet of each other, and any road
overseer of the road district shall make complaint to the county
commission that the difference in grade of such railroad tracks is such
as to interfere with the passage of any vehicle on such road, then such
county commission shall make an order to the county surveyor to examine
such crossings and report his opinion as to any change necessary to be
made in any grade, and if he shall be of the opinion that such crossings
are such as to interfere with the travel on such road, he shall report
the facts to the county commission at any regular or adjourned term
thereof, first giving the railroad companies interested notice of the day
when he will present such matter to the county commission. (RSMo 1939 §
8736)
Prior revisions: 1929 § 8088; 1919 § 10859; 1909 § 10627
CROSS REFERENCES: Powers of railroads as to rights-of-way, RSMo 388.210
Railroad crossings, how constructed, RSMo 389.610, 389.620
Such notice shall be given in writing, by leaving a copy of the
same with some station agent of said company five days before the said
presentation to said county commission, or if there be no such station
agent in such county, then by mailing a copy of such notice to their
general office fifteen days before said day. (RSMo 1939 § 8737)
Prior revisions: 1929 § 8089; 1919 § 10860; 1909 § 10628
Such county commission shall hear the report of such county
surveyor while in session, and shall hear such testimony as may be
presented, and after such hearing such commission shall determine what
changes, if any, shall be made, and shall make an order of record
directing the same to be done. (RSMo 1939 § 8738)
Prior revisions: 1929 § 8090; 1919 § 10861; 1909 § 10629
If such railroad company shall fail to make such changes as
shall be directed by the county commission, within thirty days after such
order shall have been made and such notice given as provided in section
229.390, then any circuit court, or other court having jurisdiction of
such causes, shall enforce obedience to such orders by mandamus or by
other proper proceedings. (RSMo 1939 § 8739)
Prior revisions: 1929 § 8091; 1919 § 10862; 1909 § 10630
Where coal or other valuable mineral underlies any public road
in this state that has not been designated as a state highway or is not
under the control of the state transportation department, if said coal or
other mineral is being mined on or from adjoining lands by the "strip
pit" or surface process of mining, the commissioners of any special road
district or the township board of directors if said road be not located
in a special road district may provide for the temporary abandonment of
said road and the removal or mining of said coal or other valuable
mineral underlying said road and the rebuilding of said road, in the
manner and under the conditions provided in sections 229.420 to 229.450,
when in the opinion of said commissioners or township board the public
good would best be served thereby. (RSMo 1939 § 8860)
Prior revision: 1929 § 8200
CROSS REFERENCE: Mining or excavating under public road prohibited, when,
RSMo 444.320, 444.330
The commissioners of any special road district where said road
is located, or the township board if said road be not in a special road
district, whenever in their opinion the removal of said coal or other
valuable mineral from under the surface of said road and the rebuilding
of said road will be a public benefit, may with the approval and consent
of the county commission enter into a contract with any responsible
person, firm or corporation for the removal of said coal or other mineral
and for the rebuilding of said road under such terms and conditions as in
their opinion are fair and just. (RSMo 1939 § 8861)
Prior revision: 1929 § 8201
1. Before the commissioners of any special road district or the
township board of any township shall enter into any contract for the
removal of coal or other mineral from or under any public road they shall
submit their proposition to the county commission of the county for its
approval or rejection. If the commission approves the proposition they
shall direct the prosecuting attorney of the county to prepare the
contract between the commissioners or township board as the case may be
and the parties with whom they seek to contract.
2. Said contract shall particularly describe the road to be temporarily
abandoned, the kind and character of road to be rebuilt, and the time
limit for rebuilding same and before said contract is executed, the
person, firm or corporation with whom it is made shall file with the
clerk of the county commission a bond with good and sufficient sureties
in at least four times the estimated cost of rebuilding said road after
the removal of the coal or other mineral from same. Said bond shall be
payable to the state of Missouri for the use and benefit of the special
road district or township as the case may be and approved by the county
commission and shall provide that the person, firm or corporation shall
at their own expense remove said coal, within such time and under such
terms as may be provided and if in the opinion of the county commission a
temporary road be necessary or feasible, will at their own expense
construct and at all times maintain a good road along, near and parallel
to the road temporarily abandoned and connected with the usual road at
both ends, all within the time and on such terms as may be provided; that
they will be responsible and liable for any damages or injuries caused by
their negligence in not properly constructing or maintaining said
temporary road; that they will as soon as the coal or other mineral is
removed from said road, at their own expense and without delay rebuild
the same in a good substantial and workmanlike manner, according to the
plans and specifications and within the time limit and according to the
terms set forth in the contract. Said bond may provide for penalties or
liquidated damages for the violation of its provisions.
3. When said road is complete as provided in the plans and specifications
and according to all the terms and conditions of the contract and
accepted by the county commission, the bond shall be released provided
all conditions of the bond have been met and all claims, liabilities and
causes of action, arising out of the performance of the conditions of
said contract or bond or out of the violation of the same have been
wholly met, settled and discharged. (RSMo 1939 § 8862)
Prior revision: 1929 § 8202
Sections 229.420 to 229.450 shall apply only to counties
operating under township organization. All laws or parts of laws in
conflict with the provisions of sections 229.420 to 229.450 are hereby
repealed. (RSMo 1939 § 8863)
Prior revision: 1929 § 8203
1. As used in sections 229.475 to 229.481, the following terms
mean:
(1) "Commission", the state highways and transportation commission;
(2) "Plants", trees, shrubs, vines, wildflowers, grasses and ferns; and
(3) "Plant parts", roots, bulbs, tubers and rhizomes.
2. Except as otherwise provided in this section and section 229.477, no
person shall dig or remove any plants or plant parts from any real
property of the commission, or the right-of-way of any state or county
highway or roadway without permission of the commission or governmental
entity responsible for the administration of the property or
right-of-way, unless such person is engaged in the work of constructing,
repairing or maintaining the property, highway or roadway under the
authority and direction of the commission or governmental entity.
Violation of this section and section 229.477 is a class B misdemeanor.
Each plant removed shall constitute a separate offense. (L. 1993 H.B. 536
§ 1 subsecs. 1, 2)
1. Subsection 2 of section 229.475 shall not apply to the
control or eradication of diseased vegetation or noxious weeds by
authorized personnel.
2. Provided that such plants or plant parts are not offered for sale,
subsection 2 of section 229.475 shall not apply to the collection of
seeds, fruits, nuts, berries, edible wild greens or flowering parts of
plants, or the occasional collection of plants for the purposes of
scientific research or education. (L. 1993 H.B. 536 § 1 subsecs. 3, 4)
No person, except authorized personnel, shall possess for sale,
collect, or sell any plants or plant parts collected from highways,
county roadways, or rights-of-way. Violation of this section is a class A
misdemeanor. (L. 1993 H.B. 536 § 2)
All law enforcement officials and peace officers of this state
and of all political subdivisions, including department of conservation
agents and agents of the department of natural resources, shall enforce
the provisions of sections 229.475 to 229.481 within their respective
geographic jurisdictions. (L. 1993 H.B. 536 § 3)
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