Effective 28 Aug 1990

388.420. May take material for construction, when and how. — 1. Any company shall have power, by themselves or agents, to enter and take from any land in the neighborhood of the line of their railroad, earth, gravel, stone, wood, water, or other material necessary for the construction and operation of said road and also for the purpose of depositing thereon earth, stone, gravel, or other materials and for the purpose of procuring water for their uses, may lay pipes, erect pumps, dams and reservoirs, and maintain and keep the same in repair, paying, if the owner of such lands and the company can agree, the damages they shall do to such land or its appurtenances; or, if they cannot agree, then the company, before entering upon the land, shall apply to an associate circuit judge of the county for the appointment of three commissioners, who shall be residents of the county and disinterested, to ascertain the amount of the damages, who, being duly sworn by the associate circuit judge impartially and faithfully to discharge the duties devolving on them, shall then ascertain the compensation, upon their own view of the grounds, and of the wood, earth, stone or gravel which may be taken therefrom, or the earth, stone, gravel, or other materials that may be deposited thereon, and the injury done in taking them or depositing thereon, except that it shall be the duty of the party making the application to show to the associate circuit judge that ten days' previous notice of the time of making the same has been given to the other party, or to some one of them; and no award which may be given under any appointment, without such notice, shall be obligatory or binding on the other party; and either party not satisfied with the award may appeal to the circuit court of the county in which the land may be, which may, at its discretion, confirm the award and enter it of record, or, as often as may be deemed necessary, may supersede the viewers, or any of them, appoint others in their stead, and direct another view and award to be made in the manner provided in this section.

2. If any associate circuit judge, or any resident of the county, shall refuse or neglect to perform the duties assigned to him, respectively, or prescribed in this section, upon being thereto required by either party, such associate circuit judge or other person shall forfeit and pay to the party making the application a sum not exceeding twenty-five dollars, to be recovered before any associate circuit judge of the county of which he is an inhabitant, and shall, moreover, be liable to the party aggrieved, except that no property shall be entered upon or disturbed, or the title divested under the provisions of this section, until the amount assessed by the commissioners or the circuit court shall be paid to such landowner, or deposited with the associate circuit judge, or in court or with the clerk thereof, for such owners.

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(RSMo 1939 § 5160, A.L. 1990 H.B. 1070)

Prior revisions: 1929 § 4687; 1919 § 9877; 1909 § 3076