140 VACATION OF ROADWAYS

140. 1 Purpose. The County has many roadbeds and roadways which were established in past years by public consent, public dedication or road establishment which because of changing demographics and travel patterns presently have little or no method of road vacation established by RSMo 228.110 and RSMo 71.270.

140 . 1 .1. Other County Roadways. The following procedure shall be followed for vacation of other county roadways not established by subdivision platting:

1) The petitioners for vacation should contact the County Road & Bridge Superintendent/County Commission and indicate their interest in vacating said roadway.

2) Petitions signed by twelve (or more) freeholders of the township through which said road runs shall be presented to the County Commission stating the request to vacate and a legal description of the road to be vacated.

3) County Commission meeting. The petition to vacate shall be publicly read on the first day of the term at which it is presented.

4) (Not required by Statute) County Commission shall direct the County Road & Bridge Superintendent to evaluate the request of the petitioners and make report to the County Commission prior to the second reading and action by the Commission.

5) Written or printed notice of the filing of such petition and of the road sought to be vacated shall be posted in not less than three places in the township, at least twenty days before the first day of the next term of the Commission. Proof of notification will be required to be presented to the Commission. The County Road & Bridge Department shall send (by certified mail) a copy of the notice to all persons whose lands are crossed or touched by the road proposed to be vacated.

6) Persons opposed to the requested vacation many present a petition signed by at least twelve freeholders to the County Commission at the first meeting of any new term.

7) County Commission meeting and decision. The printed notice shall be read. The County Commission shall proceed with the public hearing, at the conclusion of which a decision will be reached.

The Road & Bridge Superintendent may initiate a petition to vacate a roadway if he determines said roadway no longer serves a public entity. The Road & Bridge Department shall assist property owners in developing private access easements for properties that might become landlocked due to vacation of a roadway initiated by the Road & Bridge Superintendent.