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MO HB1524

Bill

Status

Engrossed

3/28/2012

Primary Sponsor

Donald Phillips

Click for details

Origin

House of Representatives

2012 Regular Session

AI Summary

  • Defines "private road" as any private road established under statute or easement of access providing vehicle ingress and egress to public roads, excluding roads owned by government entities, railroads, or those included in recorded plats with owner's associations.

  • Allows one or more homeowners to petition circuit court for a maintenance order when benefitted owners cannot agree in writing on a plan for maintaining, repairing, or improving a private road.

  • Requires courts to apportion maintenance costs among benefitted homeowners and easement holders commensurate with use and benefit, using methods such as equal division, proportionate assessed value, front footage, or usage.

  • Permits courts to use the same procedures for establishing maintenance plans as for establishing or widening private roads, including appointing commissioners and a supervisor if homeowners cannot agree on one.

  • Allows maintenance agreements or court orders to be amended or modified by recorded agreement signed by all benefitted owners, with court proceedings to amend prohibited within seven years unless property development or division renders the plan obsolete or apportionment inequitable.

Legislative Description

Specifies that the owners of property abutting a private road in the absence of any other agreement may petition the court to establish a plan of maintenance or improvement

Last Action

Placed on Informal Calendar

5/18/2012

Committee Referrals

Judiciary And Civil And Criminal Jurisprudence4/5/2012
Rules2/21/2012
Rural Community Development2/14/2012

Full Bill Text

No bill text available