FIRST REGULAR SESSION

HOUSE BILL NO. 779

90TH GENERAL ASSEMBLY

INTRODUCED BY REPRESENTATIVE SKAGGS, COOPER AND LAKIN (Co-sponsors).

Read 1^st time February 4, 1999, and 1000 copies ordered printed.

ANNE C. WALKER, Chief Clerk

L1656.01I

AN ACT

To repeal section 71.270, RSMo 1994, relating to vacation of certain streets and easements, and to enact in lieu thereof one new section relating to the same subject.

Be it enacted by the General Assembly of the state of Missouri, as follows:

Section A. Section 71.270, RSMo 1994, is repealed and one new section enacted in lieu thereof, to be known as section 71.270, to read as follows:

71.270. 1. Whenever a tract or parcel of land, being outside the limits of any incorporated town, village or city shall have been subdivided and streets, avenues, roads, alleys, easements, public square or common marked on the recorded plat of said subdivision, [it may be lawful for] the county commission of the county in which the subdivision is located [to] may vacate the streets, alleys, roads, easements, public square or common or part of either upon petition of the owner or owners of the ground lying on both sides of or fronting on the street, avenue, road, alley [or], easement, public square or common, or part [thereof] of such street, avenue, road, alley, easement, public square or common, proposed to be vacated.

2. [But] No such vacation shall be ordered until proof shall be made to the commission of the publication in a newspaper published in the county or of written or printed notices posted in five public places in the county, at least fifteen days prior to the term of the commission at which such petition shall be presented, that application would be made at that term of the commission for the vacation of the street, avenue, road, alley, easement, public square or common, or part thereof, as described in the petition. Such notice shall state distinctly the nature of the [application] petition, when it is to be made, and what street, avenue, road, alley, easement, public square or common or part [thereof] of such street, avenue, road, alley, easement, public square or common, is proposed to be vacated[; and]. Utility companies which provide service in the area of the street, avenue, road, alley, easement, public square or common, or any part of such street, avenue, road, alley, easement, public square or common, sought to be vacated shall be notified of the petition by the proponent of the petition.

3. If no person interested in such subdivision shall appear and show cause to the commission why the vacation should not be made, the commission may make the order for the vacation as requested in the petition.

4. In the event that the commission orders the requested vacation, such order shall be filed with the office of the county recorder of deeds.

Missouri House of Representatives