Missouri Revised Statutes

Mo. Rev. Stat. § 228.341 (2026)

Private road defined

✓ current as of May 2026

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228.341. Private road defined. — For purposes of sections 228.341 to 228.374, "private road" with regard to a proceeding to obtain a maintenance order means any private road established under this chapter or any easement of access, regardless of how created, which provides a means of ingress and egress by motor vehicle for any owner or owners of residences from such homes to a public road. A private road does not include any road owned by the United States or any agency or instrumentality thereof, or the state of Missouri, or any county, municipality, political subdivision, special district, instrumentality, or agency of the state of Missouri. Nothing in sections 228.341 to 228.374 shall be deemed to apply to any road created by or included in any recorded plat referencing or referenced in an indenture or declaration creating an owner's association, regardless of whether such road is designated as a common element. Nothing in sections 228.341 to 228.374 shall be deemed to apply to any land or property owned or operated by any railroad regulated by the Federal Railroad Administration.

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(L. 2012 H.B. 1103)

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 2015–2025 · leading case: Avery Contracting, LLC v. Richard Niehaus, Lisa J. Niehaus, Alicia Niehaus, Creekstone Homeowners Ass'n, & Missouri Highways & Transp. Comm'n, 492 S.W.3d 159 (Mo. 2016).

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Avery Contracting, LLC v. Richard Niehaus, Lisa J. Niehaus, Alicia Niehaus, Creekstone Homeowners Ass'n, & Missouri Highways & Transp. Comm'n, 492 S.W.3d 159 (Mo. 2016). · cites it 10× “Avery’s claim against the Creekstone parties is barred by section 228.341, 1 which, in part, provides that the statutes authorizing private ways of necessity do not apply to roads created by or included in a recorded plat referencing a declaration creating an owner’s association.”

GORDON BUNDY & MARLENE BUNDY, Trs. of the Gordon G. Bundy & Marlene K. Bundy Trust dated December 13, 2017, Appellants v. BRETT RAPIEN & TRISHA RAPIEN, Respondents (Mo. Ct. App. 2025). · cites it 2× “7 Section 228.341 et. seq.2 addresses maintenance of private roads like the Road at issue here.”

Avery Contracting, LLC v. Richard Niehaus, Lisa J. Niehaus, Alicia Niehaus, Creekstone Homeowners Ass'n, & Missouri Highways & Transp. Comm'n (Mo. Ct. App. 2015). · cites it 2× “In its seventh point on 5 appeal, Avery asserts that the trial court erred in dismissing its petition on any purported basis that Avery failed to exhaust its administrative remedies because no such requirement exists given the facts of this case.”

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