Establishment or widening of private road — strict necessity defined — who may petition.

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Effective - 28 Aug 1993

228.342. Establishment or widening of private road — strict necessity defined — who may petition. — A private road may be established or widened in favor of any owner or owners of real property for which there is no access, or insufficiently wide access, from such property to a public road if the private road sought to be established or widened is a way of strict necessity. As used in this section, the term "strict necessity" shall include the necessity to establish or widen a private road in order to utilize the property for the uses permitted by law. Any petition for the establishment or widening of a private road shall be filed and the proceeding shall be conducted in the circuit court of the county where the proposed road is to be located. The owners of the real property over which the proposed private road shall pass shall be named as defendants.

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(L. 1991 S.B. 138 § 1, A.L. 1993 S.B. 236)


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