Section 46 Ways of Necessity and Private Drainage Easements

• Library: Condemnation Practice 2009

An individual owning landlocked property may file a verified petition of this fact to appoint three disinterested citizens as private road commissioners to determine a location of a private road from the premises to a public road of the county or the state highway system. Sections 228.342 and 228.355, RSMo 2000; Hill v. Kennoy, Inc., 522 S.W.2d 775 (Mo. banc 1975). The commission will also determine the amount of damage to be recovered by the owner of the property on which the private road is constructed. The general procedure follows Chapter 523, RSMo.

A private individual can also condemn property for drainage easements for agricultural or sanitary purposes. Chapter 244, RSMo. The...