7.44 Determination of Strict Necessity
| Library | Real Estate Practice Deskbook (2019 Ed.) |
a. (§7.44) Determination of Strict Necessity
After the defendants' time to respond has expired and a reasonable time to conduct discovery has passed, the court shall conduct a nonjury hearing to determine whether the subject property is accessible from a public road and whether the proposed road is a matter of strict necessity. Section 228.352, RSMo 2016.
If the court determines that there is access to a public road or that the proposed road is not a way of strict necessity, it shall dismiss the petition...
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