Section 228.358

Title XIV ROADS AND WATERWAYS

Chapter 228

Effective - 28 Aug 1993   

  228.358.  Report of commissioners, exceptions to, filed when — jury impaneled, when — judgment, contents. — Within ten days after notification of the commissioners' report, either party may file exceptions to the report and assessment of damages.  If no exceptions are filed, the court shall enter a judgment establishing or widening the private road and assessing the damages as set forth in the commissioners' report to be paid by the plaintiffs to the defendants.  If either party files exceptions, the court shall impanel a jury and conduct a trial to determine the amount of damages to be paid by the plaintiffs to the defendants.  Thereafter, the court shall enter a judgment establishing or widening the private road and assessing the damages as set forth in the jury's verdict, and the provisions of the interlocutory order as provided in section 228.352 shall be included in such judgment.  The private road so established or widened shall be a permanent easement appurtenant to the plaintiffs' real property.

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(L. 1991 S.B. 138 § 6, A.L. 1993 S.B. 236)