278.245. Condemnation authorized, when — other powers of governing body or trustees — taxation authorized.

405 words·~2 min read·/mo/chapter-278/278-245

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278.245. Condemnation authorized, when — other powers of governing body or trustees — taxation authorized. — The trustees of the watershed district shall have the following authority:

(1)To acquire, by purchase, exchange, lease, gift, grant, bequest, devise, or otherwise, or through condemnation proceedings pursuant to chapter 523 , such lands, easements, or rights-of-way as are needed to carry out any authorized purpose of the watershed district; provided that notwithstanding any provision of law to the contrary, the power of eminent domain shall not be exercised:

(a)Over the protest of any landowner until it is established that acquisition of the land proposed to be condemned is necessary for the purposes of the watershed district; and to sell, lease or otherwise dispose of any of its property or interest therein pursuant to sections 278.160 to 278.300 ; and

(b)Unless four trustees vote in favor of the use of such power in such case.

Following approval by the trustees, a majority vote of the soil and water supervisors of all the districts included in such watershed district shall also be required prior to any use of the power of eminent domain;

(2)To construct, repair, enlarge, improve, operate, and maintain such works of improvement as may be necessary for the performance of any of the operations authorized by sections 278.160 to 278.300 ;

(3)To borrow money and to execute promissory notes and other evidences of debt in connection therewith for payment of the costs and expenses or for carrying out any authorized purpose of such watershed district, and if promissory notes are issued, to execute such mortgages on any property owned by such district, or assign or pledge such revenues or assessments of such watershed district as may be required by the lender as security for the repayment of the loan; and to issue, negotiate, and sell its bonds pursuant to section 278.280 ;

(4)To levy an annual tax and organization tax on the real property within the watershed district subject to the limitations provided in section 278.250 for payment of the costs for carrying out any authorized purpose of such watershed district;

(5)To make assessments on the real property within the watershed district for special benefits to such real property accruing as a result of the construction of any works of improvement by the watershed district.

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(L. 1967 p. 376, A.L. 1977 H.B. 457, A.L. 2001 S.B. 462)