Missouri Revised Statutes

Mo. Rev. Stat. § 228.020 (2026)

Petition for establishing road

✓ current as of May 2026
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  228.020.  Petition for establishing road. — Applications for the establishment of all public roads, except state roads, shall be made by petition to the county commission.  Such petition shall be signed by at least twelve registered voters of the municipal township or townships through which such proposed road may run, three of whom shall be of the immediate neighborhood, and shall specify the proposed beginning, course and termination thereof, and shall be accompanied by the names of all persons owning land through which such road shall run, with the amount of damages, if any, claimed by them, so far as can be ascertained, and also the names of those who are willing to give the right-of-way for such proposed road, except that if the proposed road begins or terminates on, or runs along a boundary between the county wherein such petition is filed and an adjoining county, any or all of the petitioners may be registered voters of such adjoining county, and of the municipal township or townships thereof through which the proposed road may run, or in which the proposed road may begin or terminate.

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(RSMo 1939 § 8473, A.L. 1990 H.B. 1070)

Prior revisions: 1929 § 7827; 1919 § 10625; 1909 § 10435

(1958) Where petition for road failed to specify point of beginning, course and point of termination of proposed road, it did not confer jurisdiction to establish road.  Elrod v. Maries Co. (A.), 309 S.W.2d 12.

Notes of Decisions
Cited in 2 cases, 1958–1977 · leading case: State ex rel. Ballard v. Luten, 555 S.W.2d 855 (Mo. Ct. App. 1977).
State ex rel. Ballard v. Luten, 555 S.W.2d 855 (Mo. Ct. App. 1977). · cites it 2× “, public roads established by county court (or council) order on petition of 12 or more freeholders under § 228.020, or by condemnation under § 228.”
Elrod v. Maries Cnty., 309 S.W.2d 12 (Mo. Ct. App. 1958). · cites it 3× “This petition for the establishment of a public road was filed under the provisions of Section 228.020 RSMo 1949, V.A.M.S., and the proceedings held pursuant to the filing of the petition are governed by the sections following, in the same chapter.”
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