Missouri Revised Statutes

Mo. Rev. Stat. § 228.040 (2026)

County commission required to open road, when

✓ laws through the 2026 session (checked Sept. 2026)
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  228.040.  County commission required to open road, when. — When the petition required by section 228.020 is presented, and upon proof of notice having been given as required in section 228.030, if no remonstrance is filed and if the petitioners give the right-of-way for the proposed road or pay into the county treasury an amount of money equal to the whole amount of damages claimed by landowners through whose land the proposed road would run, the county commission may open said road if the commission determines that it is in the public interest of the county, and thereupon the commission shall proceed as in sections 228.010 to 228.190 provided in cases where upon a hearing the commission finds* it necessary to establish a road.

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(L. 1949 p. 551 § 8475, A.L. 2006 S.B. 932)

*Word "find" appears in original rolls.

Notes of Decisions
Cited in 1 case, 1979–1979 · leading case: Osburn v. Supreme Express & Transfer Co., 590 S.W.2d 360 (Mo. Ct. App. 1979).
Osburn v. Supreme Express & Transfer Co., 590 S.W.2d 360 (Mo. Ct. App. 1979). “030], upon which, in the absence of remonstrance [§ 228.040], the County Court directed the county highway engineer to survey the proposed way [§ 228.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.