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.
Mo. Rev. Stat. § 228.342
Establishment or widening of private road — strict necessity defined — who..
Applied in 1 court decision — leading case Moore v. United States (2004)
Most recently applied in Moore v. United States (June 2004)
Effective: 28 Aug 1993; (L. 1991 S.B. 138 § 1, A.L. 1993 S.B. 236)
Official source: Missouri Revisor of Statutes. Reproduced from public-domain Missouri statutes; confirm against the official source for the current text. Not legal advice.