DAMAGING OR OBSTRUCTING PUBLIC ROADS (Section 229.150)

This act adds damaging public roads to the prohibition against obstructing public roads, and also removes the associated criminal penalty provision.

Currently, road overseers and county highway engineers finding obstructed roads are required to notify the landowner obstructing the road. This act expands the provision to damage of roads and specifies that the overseer or engineer is permitted to notify the landowner to remove the obstruction, or perform or pay for repairs. If the landowner fails to take action as requested, the road overseer or engineer may petition the court to enter the land for the limited purpose of rectifying the violation. If the petition is granted, the judgment shall include an award for the reasonable cost of removal or repair, court costs, and reasonable attorney's fees. If the petition is denied, the county shall be responsible for the landowner's court costs and attorney's fees.

These provisions are similar to HCS/HB 162 (2017), and to provisions in CCS/HCS/SB 283 (2017).

CONSOLIDATION OF ROAD DISTRICTS (Section 233.295)

This act allows a county commission or similar authority to combine two or more road districts upon petition signed by a majority of the commissioners in each of the road districts seeking to be combined. The county commission shall hold a public hearing after publishing notice for a period of four weeks in a newspaper of general circulation in the county. The county may issue an order to consolidate the districts if it finds, after the public hearing, that the consolidation is in the public good. The act further designates the procedure for appointing commissioners to the new consolidated district and transferring of assets, liabilities, and tax levies. The provisions for consolidation do not apply to road districts located in two counties.

These provisions are similar to SB 30 (2017), and to provisions in CCS#2/HCS/SCS/SB 112 (2017), SB 867 (2016), and HB 2180 (2016).

BRUSH CONTROL ADJACENT TO PUBLIC ROADS (Section 263.245)

This act specifies that the center of the existing county road shall be considered the center of the county road for purposes of landowners' obligation to control brush growing within certain county road easements.

The act also modifies a provision to specify that if the county commission clears eradicates the brush, the resulting expense will be due on the property owner's personal property tax assessment, rather than becoming a lien on the land.

ERIC VANDER WEERD