1. 1. Whenever a petition, signed by the owners of a majority of the acres of land, within a road district organized under the provisions of sections 233.170 to 233.315 shall be filed with the county commission of any county in which such district is situated, setting forth the name of the district and the number of acres owned by each signer of such petition and the whole number of acres in such district, the county commission shall have power, if in its opinion the public good will be thereby advanced, to disincorporate such road district. No such road district shall be disincorporated until notice is published in at least one newspaper of general circulation in the county where the district is situated for four weeks successively prior to the hearing of such petition.

2. 2. In any county with a population of at least thirty-two thousand inhabitants which adjoins a county of the first classification which contains a city with a population of one hundred thousand or more inhabitants that adjoins no other county of the first classification, whenever a petition signed by at least fifty registered voters residing within the district organized under the provisions of sections 233.170 to 233.315 is filed with the county clerk of the county in which the district is situated, setting forth the name of the district and requesting the disincorporation of such district, the county clerk shall certify for election the following question to be voted upon by the eligible voters of the district:

   Shall the................................ incorporated road district organized under the provisions of sections 233.170 to 233.315, RSMo, be dissolved?

[ ] YES [] NO

­­­If a majority of the persons voting on the question are in favor of the proposition, then the county commission shall disincorporate the road district.

1. 3. The petition filed pursuant to subsection 2 of this section shall be submitted to the clerk of the county no later than eight weeks prior to the next countywide election at which the question will be voted upon.

(RSMo 1939 § 8731, A.L. 1994 H.B. 940)

Prior revisions: 1929 § 8082; 1919 § 10853

Effective 2-7-94

(1955) Where some of signers of a petition to dissolve special road district (i.e. owners of sufficient land so that remaining petitioners did not own a majority of acres in the district) were denied permission to withdraw their names by trial court on appeal, trial court would not be prohibited from proceeding to determine appeal on ground court had no jurisdiction. State ex rel. Weston Spcl. Rd. Dist. v. Maughmer (A.), 275 S.W.2d 385.

(1956) Where one of three judges of county court signed petition for disincorporation of road district as property owner and assisted in circulating the petition, and then participated in the decision thereon, the order of disincorporation was invalid. In re Weston Benefit Road District of Platte Co. (A.), 294 S.W.2d 353.