Mo. Rev. Stat. » Chapter 71
Missouri Revised Statutes

Mo. Rev. Stat. § 71.270 (2026)

Streets, easements and commons in subdivision outside limits

✓ current as of May 2026
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  71.270.  Streets, easements and commons in subdivision outside limits — petition — notice. — 1.  Whenever a tract or parcel of land, being outside the limits of any incorporated town, village or city shall have been subdivided and streets, avenues, roads, alleys, public easements, public square or common marked on the recorded plat of said subdivision, the county commission of the county in which the subdivision is located may vacate the streets, alleys, roads, public easements, public square or common or part of either upon petition of the owner or owners of the ground lying on both sides of or fronting on the street, avenue, road, alley, public easement, public square or common, or part of such street, avenue, road, alley, public easement, public square or common, proposed to be vacated.

  2.  No such vacation shall be ordered until proof shall be made to the commission of the publication in a newspaper published in the county or of written or printed notices posted in five public places in the county, at least fifteen days prior to the term of the commission at which such petition shall be presented, that application would be made at that term of the commission for the vacation of the street, avenue, road, alley, public easement, public square or common, or part thereof, as described in the petition.  Such notice shall state distinctly the nature of the petition, when it is to be made, and what street, avenue, road, alley, public easement, public square or common or part of such street, avenue, road, alley, public easement, public square or common, is proposed to be vacated.  Utility providers which provide service in the area of the street, avenue, road, alley, public easement, public square or common, or any part of such street, avenue, road, alley, public easement, public square or common, sought to be vacated shall be notified of the petition by the proponent of the petition.

  3.  If no person interested in such subdivision shall appear and show cause to the commission why the vacation should not be made, the commission may make the order for the vacation as requested in the petition.

  4.  In the event that the commission orders the requested vacation, such order shall be filed with the office of the county recorder of deeds.

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(RSMo 1939 § 7320, A.L. 1957 p. 276, A.L. 1999 H.B. 779)

Prior revisions: 1929 § 7169; 1919 § 8618; 1909 § 9506

(1961) Street in unincorporated area dedicated under section 445.070 would not be deemed abandoned under section 228.190 by nonuser but could only be vacated in accordance with section 71.270.  Winschel v. County of St. Louis (Mo.), 352 S.W.2d 652.

Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 1961–2021 · leading case: Winschel v. Cnty. of St. Louis, 352 S.W.2d 652 (Mo. 1961).
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Winschel v. Cnty. of St. Louis, 352 S.W.2d 652 (Mo. 1961). · cites it 7× “” Appellant contends the foregoing statute is not applicable to a street, the title to which had been dedicated in trust to the county for the public use as a street, and that vacation of Third Avenue could be validly accomplished only under the provisions of Section 71.270 RSMo…”
State ex rel. Ballard v. Luten, 555 S.W.2d 855 (Mo. Ct. App. 1977). · cites it 6× “Louis County Council made pursuant to § 71.270, 1 vacating 45 feet of *856 Shady Meadows Drive, a public street in a platted subdivision located in St.”
State ex rel. Karmi v. VonRomer, 562 S.W.2d 112 (Mo. Ct. App. 1978). · cites it 7× “Appellants filed, in compliance with relevant provisions of Missouri law, § 71.270, RSMo 1969, a petition with the St.”
RONALD G. WONDEL, NORMA J. WONDEL, & BETTIE J. HUNNIUS, Petitioners-Appellants/Cross-Respondents & JAMES BROCK CHARTER IV & STEPHANIE CONNELL, Intervenors/Third Party Plaintiffs-Appellants/Cross-Respondents v. CAMDEN Cnty. Comm'n & GREG HASTY, BEVERLY THOMAS, DON WILLIAMS, Respondents/Defendants-Respondents/Cross-Appellants & CLARK Dev. Co., INC. & ELLIS CLARK, Tr., Respondents/Defendants-Respondents/Cross-Appellants & THOMAS J. TANNER, Respondent/Defendant-Respondent, 618 S.W.3d 682 (Mo. Ct. App. 2021). · cites it 28× “270 undeveloped roadways and common areas shown on the plat of Purvis View subdivision – which subdivision was in Camden County outside the limits of any incorporated municipality. 5 Facts and Procedural Background Relevant Proceedings Before the Camden County Commission By…”
Willy v. Lieurance, 619 S.W.2d 866 (Mo. Ct. App. 1981). “Statutory dedication of Tract 1 and Tract 2 as streets having been accomplished, they may be vacated only by invoking the procedure contained in § 71.270. Ballard, supra; Winschel, supra.”
Peterson v. Madson (W.D. Mo. 2017). · cites it 3× “Peterson does not cite any authority in support of his argument, nor even explain how the Commissioners committed a fraud in 2005 in using procedures provided under Mo. Rev. Stat. § 71.270 . In his suggestions in opposition to the motion to dismiss, Peterson does discuss a…”
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