Missouri Revised Statutes













Chapter 263

Insect Pests and Weeds

←263.243

Section 263.245.1

263.247→

August 28, 2015

Brush adjacent to county roads, to be removed, certain counties--county commission may remove brush, when, procedures, certain counties.

263.245. 1. All owners of land in any county with a township form of

government, located north of the Missouri River and having no portion of the

county located east of U.S. Highway 63 and located in any county of the third

classification without a township form of government and with more than four

thousand one hundred but fewer than four thousand two hundred inhabitants, or

in any county of the third classification without a township form of

government and with more than two thousand three hundred but fewer than two

thousand four hundred inhabitants shall control all brush growing on such

owner's property that is designated as the county right-of-way or county

maintenance easement part of such owner's property and which is adjacent to

any county road. Such brush shall be cut, burned or otherwise destroyed as

often as necessary in order to keep such lands accessible for purposes of

maintenance and safety of the county road.



2. The county commission, either upon its own motion or upon receipt of a

written notice requesting the action from any residents of the county in

which the county road bordering the lands in question is located or upon

written request of any person regularly using the county road, may control

such brush so as to allow easy access to the land described in subsection 1 of

this section, and for that purpose the county commission, or its agents,

servants, or employees shall have authority to enter on such lands without

being liable to an action of trespass therefor, and shall keep an accurate

account of the expenses incurred in eradicating the brush, and shall verify

such statement under seal of the county commission, and transmit the same to

the officer whose duty it is or may be to extend state and county taxes on

tax books or bills against real estate. Such officer shall extend the

aggregate expenses so charged against each tract of land as a special tax,

which shall then become a lien on such lands, and be collected as state and

county taxes are collected by law and paid to the county commission and

credited to the county control fund.



3. Before proceeding to control brush as provided in this section, the

county commission of the county in which the land is located shall notify the

owner of the land of the requirements of this law by certified mail, return

receipt requested, from a list supplied by the officer who prepares the tax

list, and shall allow the owner of the land thirty days from acknowledgment

date of return receipt, or date of refusal of acceptance of delivery as the

case may be, to eradicate all such brush growing on land designated as the

county right-of-way or county maintenance easement part of such owner's land

and which is adjacent to the county road. In the event that the property

owner cannot be located by certified mail, notice shall be placed in a

newspaper of general circulation in the county in which the land is located at

least thirty days before the county commission removes the brush pursuant to

subsection 2 of this section. Such property owner shall be granted an

automatic thirty-day extension due to hardship by notifying the county

commission that such owner cannot comply with the requirements of this

section, due to hardship, within the first thirty-day period. The property

owner may be granted a second extension by a majority vote of the county

commission. There shall be no further extensions. For the purposes of this

subsection, "hardship" may be financial, physical or any other condition that

the county commission deems to be a valid reason to allow an extension of time

to comply with the requirements of this section.



4. County commissions shall not withhold rock, which is provided from

funds from the county aid road trust fund, for maintaining county roads due

to the abutting property owner's refusal to remove brush located on land

designated as the county right-of-way or county maintenance easement part of

such owner's land. County commissions shall use such rock on the county

roads, even though the brush is not removed, or county commissions may resort

to the procedures in this section to remove the brush.



(L. 1987 H.B. 734 § 1, A.L. 1992 H.B. 1199, A.L. 1993 H.B. 536

merged with S.B. 84, A.L. 2005 H.B. 58 merged with S.B. 210)





1993



1993



263.245. 1. All owners of land in any county with a

township form of government, located north of the Missouri River

and having no portion of the county located east of U.S. Highway

63 shall control all brush growing on such owner's property that

is designated as the county right-of-way or county maintenance

easement part of such owner's property and which is adjacent to

any county road. Such brush shall be cut, burned or otherwise

destroyed as often as necessary in order to keep such lands

accessible for purposes of maintenance and safety of the county

road.



2. The county commission, either upon its own motion or

upon receipt of a written notice requesting the action from any

residents of the county in which the county road bordering the

lands in question is located or upon written request of any

person regularly using the county road, may control such brush so

as to allow easy access to the land described in subsection 1 of

this section, and for that purpose the county commission, or its

agents, servants, or employees shall have authority to enter on

such lands without being liable to an action of trespass

therefor, and shall keep an accurate account of the expenses

incurred in eradicating the brush, and shall verify such

statement under seal of the county commission, and transmit the

same to the officer whose duty it is or may be to extend state

and county taxes on tax books or bills against real estate. Such

officer shall extend the aggregate expenses so charged against

each tract of land as a special tax, which shall then become a

lien on such lands, and be collected as state and county taxes

are collected by law and paid to the county commission and

credited to the county control fund.



3. Before proceeding to control brush as provided in this

section, the county commission of the county in which the land is

located shall notify the owner of the land of the requirements of

this law by certified mail, return receipt requested, from a list

supplied by the officer who prepares the tax list, and shall

allow the owner of the land thirty days from acknowledgment date

of return receipt, or date of refusal of acceptance of delivery

as the case may be, to eradicate all such brush growing on land

designated as the county right-of-way or county maintenance

easement part of such owner's land and which is adjacent to the

county road. In the event that the property owner cannot be

located by certified mail, notice shall be placed in a newspaper

of general circulation in the county in which the land is located

at least thirty days before the county commission removes the

brush pursuant to subsection 2 of this section. Such property

owner shall be granted an automatic thirty-day extension due to

hardship by notifying the county commission that such owner

cannot comply with the requirements of this section, due to

hardship, within the first thirty-day period. The property owner

may be granted a second extension by a majority vote of the

county commission. There shall be no further extensions. For

the purposes of this subsection, "hardship" may be financial,

physical or any other condition that the county commission deems

to be a valid reason to allow an extension of time to comply with

the requirements of this section.



4. County commissions shall not withhold rock, which is

provided from funds from the county aid road trust fund, for

maintaining county roads due to the abutting property owner's

refusal to remove brush located on land designated as the county

right-of-way or county maintenance easement part of such owner's

land. County commissions shall use such rock on the county

roads, even though the brush is not removed, or county

commissions may resort to the procedures in this section to

remove the brush.



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