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EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
SENATE BILL NO. 1034
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR BEAN.
4812S.02I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 242.030, 242.270, 242.280, 242.500, 245.020, 245.125, 245.130, 245.197, and
245.300, RSMo, and to enact in lieu thereof nine new sections relating to certain water
management districts.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 242.030, 242.270, 242.280, 242.500, 1
245.020, 245.125, 245.130, 245.197, and 245.300, RSMo, are 2
repealed and nine new sections enacted in lieu thereof, to be 3
known as sections 242.030, 242.270, 242.280, 242.500, 245.020, 4
245.125, 245.130, 245.197, and 245.300, to read as follows:5
242.030. 1. Immediately after such articles of 1
association shall have been filed, the clerk in whose office 2
the articles of association have been filed shall give 3
notice by causing publication to be made once a week for 4
four consecutive weeks in some newspaper published in each 5
county in which are situate lands and other property of the 6
district, the last insertion to be made at least fifteen 7
days prior to the first day of the next regular term of the 8
circuit court at which said articles of association and 9
petition are to be heard; said notice shall be substantially 10
in the following form and it shall be deemed sufficient for 11
all purposes of sections 242.010 to 242.690: 12
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2. Within fourteen days of the filing of the articles, 42
those petitioning for the creation of the district shall 43
mail a copy of the notice contained in this section to the 44
names as listed on the county assessor's records of the 45
owners of land identified in the petition or other 46
individual or corporate franchise property in the district 47
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NOTICE OF APPLICATION TO FORM DRAINAGE
DISTRICT.
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Notice is hereby given to all persons
interested [in the following described real
estate and other property] in ______ County
of Missouri [(here describe the property as
set out in the articles of association)] that
articles of association asking that [the
foregoing] lands and other property be formed
into a drainage district under the provisions
of chapter 242, and that the lands and other
property [as above described] will be
affected by the formation of said drainage
district and be rendered liable to taxation
for the purposes of paying the expenses of
organizing and making and maintaining the
improvements that may be found necessary to
drain, protect and reclaim the lands and
other property in said district, and you, and
each of you, are hereby notified to appear at
a session of this court to be held on the
______ day of ______, 20______, at ______ in
______ County, and show cause, if any there
be, why said drainage district as set forth
in the articles of association shall not be
organized as a public corporation of the
state of Missouri.
40 __________________
41 Clerk of the circuit court of ______ County.
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identified in the petition, including all public entities 48
owning land within the district. 49
3. The circuit court of the county in which said 50
articles of association have been filed shall thereafter 51
maintain and have original and exclusive jurisdiction 52
coextensive with the boundaries and limits of said district 53
without regard to county lines, for all purposes of sections 54
242.010 to 242.690; provided, that where lands in different 55
counties are sought to be incorporated in the same district, 56
[it shall not be necessary to include all of the lands and 57
other property in said proposed drainage district in the 58
notice published in the different counties, but only such 59
lands and other property in the district as are situate in 60
the respective counties] said notice shall be published in 61
some newspaper in each county in which such lands so 62
affected are situate. 63
242.270. Upon the filing of the report of the 1
commissioners, the clerk of said circuit court shall give 2
notice thereof by causing publication to be made once a week 3
for [three] four consecutive weeks in some newspaper, 4
published in each county in the district. It shall not be 5
necessary for said clerk to name the parties interested, but 6
it shall be sufficient to say: 7
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NOTICE OF FILING OF COMMISSIONERS' REPORT
FOR ______ DRAINAGE DISTRICT.
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[Notice is hereby given to all persons
interested in the following described land
and property in ______ County (or counties)
Missouri (here describe land and property)
included within "______ drainage district"
that the commissioners heretofore appointed
to assess benefits and damages to the
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property and lands situate in said drainage
district and to appraise the cash value of
the land necessary to be taken for rights-
of-way, holding basins and other works of
said district within or without the limits
of said district, filed their report in this
office on the ______ day of ______,
20______, and you and each of you are hereby
notified that you may examine said report
and file exceptions to all or any part
thereof, as provided by law,] You are hereby
notified that the commissioners heretofore
appointed to assess benefits to the property
and lands situated in said drainage district
filed their report in this office on the
______ day of ______, 20______. You, and
each of you, are hereby notified that the
report may provide for assessments on your
property, and that you may examine said
report and file exceptions to all or any
part thereof within thirty days from this
mailing and appear at the hearing which will
be scheduled no sooner than thirty days
after the date of this notice, as provided
by law. Please be aware no further appeal
is allowed to dispute assessed benefits. If
you are receiving this notice by mail,
county records indicate you are the owner of
property which is located within the
_________ Drainage District.
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The district last performed an assessment in
________ and the assessed benefits may
significantly change based on changed use
and improvement of the property and new or
improved drainage projects.
52 __________________
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Provided, that where lands in different counties are 55
contained in said report, the said notice shall be published 56
in some newspaper in each county in which such lands so 57
affected are situate[, and it shall not be necessary to 58
publish a list of all of said lands in each county, but only 59
that part of same situate in the respective counties]. 60
242.280. 1. The drainage district or any owner of 1
land or other property in said district, may file exceptions 2
to said report or to any assessment for either benefits or 3
damages, within [ten] thirty days after the last day of 4
publication of the notice provided for in the preceding 5
section. All exceptions shall be heard by the court and 6
determined in a summary manner so as to carry out liberally 7
the purposes and needs of the district, and if it appears to 8
the satisfaction of the court, after having heard and 9
determined all of said exceptions, that the estimated cost 10
of constructing the improvement contemplated in the plan for 11
reclamation is less than the benefits assessed against the 12
land and other property in said district, then the court 13
shall approve and confirm said commissioners' report as so 14
modified and amended. 15
2. The court may at any time before final confirmation 16
or approval refer the report back to the commissioners with 17
or without instructions, and when the report is again filed, 18
notice shall be given in the form and for the time provided 19
in section 242.270. Exceptions to the second report shall be 20
filed within [ten] thirty days after the date of the last 21
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Clerk of the circuit court of ______ County,
Missouri.
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day of publication, and heard and determined in a summary 22
manner. 23
3. The court shall adjudge and apportion the costs 24
incurred by the exceptions filed and shall condemn any land 25
or other property, within or without the boundary lines of 26
the district, that is shown by the report of the 27
commissioners to be needed for rights-of-way, holding basins 28
and other works, or that may be needed for material to be 29
used in constructing said works, following, as nearly as 30
possible, the procedure that is now provided for by law for 31
the appropriation of land and other property taken for 32
telegraph, telephone and railroad rights-of-way. 33
4. The clerk of said circuit court shall transmit a 34
certified copy of the court decree and copy of the 35
commissioners' report, as confirmed or amended by the court, 36
to the secretary of the board of supervisors of the 37
district, who shall make and transmit a certified copy of 38
the said decree and that part of the said report affecting 39
land in each county to the recorder of each county having 40
lands in the district, or affected by the said report, where 41
the same shall become a permanent record and each such 42
recorder shall receive a fee of one dollar for receiving, 43
filing and preserving the same. 44
5. Any person may appeal from the judgment of the 45
court, and upon such appeal there may be determined either 46
or both of the following questions: First, whether just 47
compensation has been allowed for property appropriated and, 48
second, whether proper damages have been allowed for 49
property prejudicially affected by the improvements. 50
242.500. 1. Whenever the board of supervisors of any 1
district in existence as of August 28, 2008, or organized 2
under this chapter after August 28, 2008, on behalf of the 3
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district, or the owners of twenty-five percent or more of 4
the acreage of the lands in the district shall file a 5
petition with the circuit clerk in whose office the articles 6
of association were filed, stating that there has been a 7
material change in the values of all or some of the property 8
in the district since the last previous assessment of 9
benefits or readjustment of the assessment of benefits and 10
praying for a readjustment of the assessment of benefits of 11
the property identified in the petition for the purpose of 12
making a more equitable basis for the levy of the 13
maintenance tax or for the purpose of levying a new tax to 14
pay the costs of the completion of the proposed works and 15
improvements as shown in the supplemental plan for 16
reclamation adopted by the board of supervisors pursuant to 17
section 242.230, or for both of the aforesaid purposes, the 18
circuit clerk shall give notice of the filing and hearing of 19
the petition in the manner and for the time provided for in 20
section 242.030. The notice may be in the following form: 21
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[Notice is hereby given to all persons
interested in the lands and property included
within the ______ district that a petition
has been filed in the office of the clerk of
the circuit court of ______ County, ______,
praying for a readjustment of the assessment
of benefits of all or some of the property in
the district as identified in the petition
for the purpose(s) of ______, and that the
petition will be heard by the circuit court
on the ______ day of ______, 20______] You
are hereby notified that a petition has been
filed in the office of the clerk of the
circuit court of ______ County, Missouri,
praying for a readjustment of the assessment
of benefits for the purpose(s) of ______ and
that the petition will be heard by the
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Upon hearing of the petition if the court finds that there 62
has been a material change in the values of some or all of 63
the property in the district as identified in the petition 64
since the last previous assessment of benefits, the court 65
shall order that there be made a readjustment of the 66
assessment of benefits for the lands identified in the 67
petition for the purpose of providing a basis upon which to 68
levy the maintenance tax of the district or for the purpose 69
of levying a new tax to pay the costs of the completion of 70
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circuit court on the ______ day of ______,
20______. At this hearing, the court will
consider the appointment of commissioners to
perform the readjustment of the assessment of
benefits. Once this report is submitted to
the court, landowners may file objections
which shall be heard and determined by the
court. If you are receiving this notice by
mail, county records indicate you are the
owner of property within the ______ Drainage
District.
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The district last performed an assessment in
________ and the assessed benefits may
significantly change based on a number of
factors including changed use or improvement
of the property since that time. Please be
aware this is a special assessment.
Therefore, the assessed benefits are the base
formula used in allocating the financial
burden for maintenance and improvement of
district improvements.
60 ______,
61 Clerk of the circuit court ______ County
SB 1034 9
the proposed works and improvements as shown in the 71
supplemental plan for reclamation adopted by the board of 72
supervisors pursuant to section 242.230, or for both of the 73
aforesaid purposes. 74
2. Thereupon the court shall appoint three 75
commissioners, possessing the qualifications of 76
commissioners appointed under section 242.240 to make such 77
readjustment of assessments in the manner provided in 78
section 242.260 with respect to the lands identified in the 79
petition and the commissioners shall make their report, and 80
the same proceedings shall be had thereon, as nearly as may 81
be, as are herein provided for the assessment of benefits 82
accruing for original construction; provided, that in making 83
the readjustment of the assessment of benefits, the 84
commissioners shall not be limited to the aggregate amount 85
of the original or any readjustment of the assessment of 86
benefits, and may assess the amount of benefits that will 87
accrue from carrying out and putting into effect such 88
supplemental plan for reclamation adopted by the board of 89
supervisors pursuant to section 242.230. After the making 90
of such readjustment, the limitation of twenty percent of 91
the annual maintenance tax which may be levied shall apply 92
to the amount of benefits as readjusted, and the limitation 93
of the tax which may be levied for payment of the costs of 94
the completion of the proposed works and improvements as 95
shown in the aforesaid supplemental plan for reclamation 96
shall apply to the amount of the benefits as readjusted. 97
There shall be no such readjustment of benefits oftener than 98
once in a year. The list of lands, and other property, with 99
the readjusted assessed benefits and the decree and judgment 100
of the court, shall be filed in the office of the county 101
recorder as provided in section 242.280. 102
SB 1034 10
245.020. 1. After such articles of association shall 1
have been filed, the clerk in whose office the articles of 2
association have been filed shall give notice by causing 3
publication to be made once a week for four consecutive 4
weeks in some newspaper published in each county in which 5
the land and other property of the district are situate. 6
Such notice shall be published within fourteen days of 7
filing of the articles, and the notice shall be 8
substantially in the following form and it shall be deemed 9
sufficient for all purposes of sections 245.010 to 245.280: 10
11 NOTICE OF APPLICATION TO FORM LEVEE DISTRICT.
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Notice is hereby given to all persons
interested [in the following described real
estate and other property] in ______ County of
Missouri [(here describe the property as set
out in the articles of association)] that
articles of association asking that [the
foregoing] lands and other property be formed
into a levee district under the provisions of
sections 245.010 to 245.280, RSMo, have been
filed in this office, and the foregoing real
estate and other property will be affected by
the formation of said levee district and be
rendered liable to taxation for the purposes
of paying the expenses of organizing and
making and maintaining the improvements that
may be found necessary to effect the leveeing
and reclamation of the land and other property
in said district, and you and each of you may
file objections or exceptions to said articles
of association and petition on or before the
______ day of ______, 20______, in this
office, but not thereafter, if any there be,
why said levee district as set forth in the
articles of association shall not be organized
SB 1034 11
The circuit court of the county in which said articles of 40
association have been filed shall thereafter maintain and 41
have original and exclusive jurisdiction coextensive with 42
the boundaries and limits of said district without regard to 43
county lines, for all purposes of this law; provided, that 44
where lands in different counties are sought to be 45
incorporated in the same district, [it shall not be 46
necessary to include all of the lands in said proposed levee 47
district in the notice published in the different counties, 48
but only such lands and other property in the district as 49
are situate in the respective counties] said notice shall be 50
published in some newspaper in each county in which such 51
lands so affected are situate. 52
2. Within fourteen days of the filing of the articles, 53
those petitioning for the creation of the district shall 54
mail[, by certified mail,] a copy of the notice contained in 55
this section to the names as listed on the county assessor's 56
records of the owners of land identified in the petition or 57
other individual or corporate franchise property in the 58
district identified in the petition, including all public 59
entities owning land within the district. 60
245.125. Upon the filing of the report of the 1
commissioners, the clerk of said circuit court shall give 2
notice thereof by causing publication to be made once in 3
some newspaper published in each county in the district. It 4
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as a public corporation of the state of
Missouri.
38 __________________ ,
39 Clerk of circuit court of ______ County.
SB 1034 12
shall not be necessary for said clerk to name the parties 5
interested, but it shall be sufficient to say: 6
7 NOTICE FOR FILING OF COMMISSIONERS' REPORT
8 For ______ Levee District.
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[Notice is hereby given to all persons
interested in the following described land
and property in ______ County (or counties),
Missouri (here describe land and property),
included within "______ levee district" that
the commissioners heretofore appointed to
assess benefits and damages to the property
and lands situated in said levee district and
to appraise the cash value of the land
necessary to be taken for rights-of-way, and
other works of said district within or
without the limits of said district, filed
their report in this office on the ______ day
of ______, 20______, and you, and each of
you, are hereby notified that you may examine
said report and file exceptions to all or any
part thereof, as provided by law] You are
hereby notified that the commissioners
heretofore appointed to assess benefits to
the property and lands situated in said levee
district filed their report in this office on
the ______ day of ______, 20______. You, and
each of you, are hereby notified that the
report may provide for assessments on your
property, and that you may examine said
report and file exceptions to all or any part
thereof within thirty days from this mailing
and appear at the hearing which will be
scheduled no sooner than thirty days after
the date of this notice, as provided by law.
Please be aware no further appeal is allowed
to dispute assessed benefits. If you are
receiving this notice by mail, county records
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Provided, that where lands in different counties are 53
contained in said report, the said notice shall be published 54
in some newspaper in each county in which such lands so 55
affected are situate[, and it shall not be necessary to 56
publish a list of all of said lands in each county, but only 57
that part of same situate in the respective counties]. The 58
commissioners shall mail[, by certified mail,] a copy of the 59
notice contained in this section to the parties contained in 60
subsection 2 of section 245.020 within one week of filing 61
the report. 62
245.130. 1. The levee district or any owner of land 1
or other property in said district, may file exceptions to 2
said report or to any assessment for either benefits or 3
damages, within [ten] thirty days after the last day of 4
publication of the notice provided for in section 245.125. 5
2. All exceptions shall be heard by the court and 6
determined in a summary manner so as to carry out liberally 7
the purposes and needs of the district, and if it appears to 8
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indicate you are the owner of property which
is located within the _________ Levee
District.
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The district last performed an assessment in
________ and the assessed benefits may
significantly change based on changed use and
improvement of the property and new or
improved levee projects.
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Clerk of the circuit court of ______ County,
Missouri.
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the satisfaction of the court, after having heard and 9
determined all of said exceptions, that the estimated cost 10
of constructing the improvement contemplated in the plan for 11
reclamation is less than the benefits assessed against the 12
land and other property in said district, then the court 13
shall approve and confirm said commissioners' report as so 14
modified and amended. The court shall adjudge and apportion 15
the costs incurred by the exceptions filed and shall condemn 16
any land or other property, within or without the boundary 17
lines of the district, that is shown by the report of the 18
commissioners to be needed for rights-of-way, holding basins 19
and other works, or that may be needed for material to be 20
used in constructing said works, following, as nearly as 21
possible the procedure that is now provided for by law for 22
the appropriation of land and other property taken for 23
telegraph, telephone and railroad rights-of-way. 24
3. The clerk of said circuit court shall transmit a 25
certified copy of the court decree and copy of the 26
commissioners' report, as confirmed or amended by the court, 27
to the secretary of the board of supervisors of the 28
district, who shall make and transmit a certified copy of 29
the said decree and that part of the said report affecting 30
land in each county to the recorder of each county having 31
lands in the district, or affected by the said report, where 32
the same shall become a permanent record and each such 33
recorder shall receive a fee of one dollar for receiving, 34
filing and preserving the same. 35
4. Any person may appeal from the judgment of the 36
court, and upon such appeal there may be determined either 37
or both of the following questions: 38
(1) Whether just compensation has been allowed for 39
property appropriated; and 40
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(2) Whether proper damages have been allowed for 41
property prejudicially affected by the improvements. 42
245.197. 1. Whenever the board of supervisors of any 1
district now existing or hereafter organized pursuant to 2
sections 245.010 to 245.280, for and in behalf of the 3
district, or the owners of twenty-five percent or more of 4
the acreage of the lands in the district, shall file a 5
petition with the circuit clerk in whose office the articles 6
of association were filed stating that there has been a 7
material change in the values of all or some of the property 8
in the district since the last previous assessment of 9
benefits or readjustment of the assessment of benefits, and 10
praying for a readjustment of the assessment of benefits of 11
the property identified in the petition for the purpose of 12
making a more equitable basis for the levy of the 13
maintenance tax or for the purpose of levying a new tax to 14
pay the costs of the completion of the proposed works and 15
improvements as shown in the supplemental plan for 16
reclamation adopted by the board of supervisors pursuant to 17
section 245.105, or for both of the aforesaid purposes, the 18
court wherein the petition is filed, if in session, or the 19
clerk thereof in vacation, shall fix a date for the hearing 20
of the petition which date shall not be less than forty-five 21
nor more than sixty days from the date of the filing of the 22
petition. 23
2. The circuit clerk shall give notice to all persons 24
interested in the lands and property identified in the 25
petition of the filing and hearing of the petition in the 26
manner and for the time provided for in section 245.020. 27
Such notice may be in the following form: 28
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[To All Persons Interested in the Following
Described
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Lands and Property Included Within ______
District:
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You are hereby notified that a petition has
been filed in the office of the clerk of
the circuit court of ______ County,
Missouri, praying for a readjustment of the
assessment of benefits for the purpose(s) of
______ ______ ______ ______ ______ and that
the petition will be heard by the circuit
court on the ______ day of ______,
20______.]
43 NOTICE FOR REASSESSMENT OF BENEFITS
44 For _____ Levee District.
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You are hereby notified that a petition has
been filed in the office of the clerk of the
circuit court of ______ County, Missouri,
praying for a readjustment of the assessment
of benefits for the purpose(s) of ______ and
that the petition will be heard by the
circuit court on the ______ day of ______,
20______. At this hearing, the court will
consider the appointment of commissioners to
perform the readjustment of the assessment
of benefits. Once this report is submitted
to the court, landowners may file objections
which shall be heard and determined by the
court. If you are receiving this notice by
mail, county records indicate you are the
owner of property within the _____ Levee
district.
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3. Upon the hearing of the petition, if the court 77
finds that there has been a material change in the values of 78
the property in the district identified in the petition 79
since the last previous assessment of benefits, the court 80
shall order that there be made a readjustment of the 81
assessment of benefits for the lands identified in the 82
petition for the purpose of providing a basis upon which to 83
levy the maintenance tax of the district or for the purpose 84
of levying a new tax to pay the costs of the completion of 85
the proposed works and improvements as shown in the 86
supplemental plan for reclamation adopted by the board of 87
supervisors pursuant to section 245.105, or for both of the 88
aforesaid purposes. 89
4. Thereupon the court shall appoint three 90
commissioners possessing the qualifications of commissioners 91
appointed under section 245.110 to make such readjustment of 92
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The district last performed an assessment in
________ and the assessed benefits may
significantly change based on a number of
factors including changed use or improvement
of the property since that time. Please
be aware this is a special assessment.
Therefore, the assessed benefits are the
base formula used in allocating the
financial burden for maintenance and
improvement of district improvements.
72 __________________
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Clerk of the
Circuit Court of
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______ County,
Missouri.
SB 1034 18
assessments in the manner provided in section 245.120 with 93
respect to those lands identified in the petition. The 94
commissioners shall make their report, and the same 95
proceedings shall be had thereon, as nearly as may be, as 96
are provided in sections 245.010 to 245.280, for the 97
assessment of benefits accruing from the original 98
construction. In making the readjustment of the assessment 99
of benefits, the commissioners shall not be limited to the 100
aggregate amount of the original or any readjustment of the 101
assessment of benefits, and may assess the amount of 102
benefits that will accrue from carrying out and putting into 103
effect the supplemental plan for reclamation adopted by the 104
board of supervisors pursuant to section 245.105. After the 105
making of the readjustment, the limitation of ten percent of 106
the benefits assessed for the annual maintenance tax which 107
may be levied shall apply to the amount of benefits as 108
readjusted, and the limitation of the tax which may be 109
levied for payment of the costs of the completion of the 110
proposed works and improvements as shown in the aforesaid 111
supplemental plan for reclamation shall apply to the amount 112
of the benefits readjusted. 113
5. There shall be no such readjustment of benefits 114
more often than once in a year. The lists of land and other 115
property, with the readjusted assessed benefits and the 116
decree and judgment of the court, shall be filed in the 117
office of the county recorder as provided in section 245.130. 118
245.300. No such levee district shall be formed unless 1
notice of an intention to apply therefor be first given by 2
publication in some newspaper published in each county 3
composing said proposed levee district, published once at 4
least fifteen days before the commencement of the meeting of 5
the county commission to which said application shall be 6
SB 1034 19
made, and provided that the commission shall mail[, by 7
certified mail,] a copy of the notice of the intention to 8
form a district to the names listed on the county assessor's 9
records of the owners of land or other individual or 10
corporate franchise property in the district, including all 11
public entities owning land within the district. 12
✓