Our office has received multiple calls concerning Drainage District 7’s recent filing with the Circuit Court of Butler County. As attorneys for the District, we cannot provide landowners with legal advice as to “what you should do”. We are providing additional information to answer some of the common questions received.

Additional Information Regarding Drainage District Petition for Reassessment

When a drainage district is formed, Missouri statutes require the appointment of three commissioners to assess the drainage benefit received by each tract of real property. This assessment then serves as the base formula for determining how the financial burden is allocated for building, maintaining and repairing the district’s drainage improvements. Specifically, Missouri statutes require that the financial burden be “apportioned in proportion” to the assessment of benefits.

To determine each tract’s liability for this financial burden, you divide that tract’s assessed benefit by the total of all tract’s assessed benefit. This fraction, and resulting percentage, represents that tract’s obligation to the financial burden.

The last known assessment of benefits was done in 1907. This assessment was done prior to the construction of drainage improvements within the District. The Board of Supervisors believes the 110-year-old assessment of benefits no longer fairly assesses the benefits received in 2017. The Board further believes that the 110-year-old assessment of benefits does not fairly apportion the financial burden of maintaining district improvements.

As a result, the Board filed a petition asking the Court to reassess the benefits. A hearing is scheduled January 22, 2018 at 9:00 a.m. to determine whether the 110-year-old assessment should be updated, and if so, for the appointment of three commissioners to undertake the same.

How to Get A Copy of the Petition or Ask Questions Without Seeking Advice

Hopefully, this additional information answers most questions that those interested will have. However, as the attorney for the District, we cannot provide legal advice on what you should do. Rather, if you need legal advice, you will need to seek legal counsel of your choice. If you have additional questions, feel free to contact Chris Yarbro via email or you can call him at (573)686-2459.

Once more, a copy of the Petition can be found here. If preferred, a hard copy can be picked up at our offices.