393.230. Power of commission to ascertain valuation of property of gas, electrical, water and sewer corporations.
Power of commission to ascertain valuation of property of gas,electrical, water and sewer corporations.
393.230. 1. The commission shall have the power toascertain the value of the property of every gas corporation,electrical corporation, water corporation and sewer corporationin this state and every fact which in its judgment may or doeshave any bearing on such value. The commission shall have powerto make revaluations from time to time and to ascertain all newconstruction, extensions and additions to the property of everygas corporation, electrical corporation, water corporation, andsewer corporation.
2. For the purpose of ascertaining the matters and thingsspecified in this section, concerning the value of the propertyof gas corporations, electrical corporations, water corporationsand sewer corporations, the commission may cause a hearing orhearings to be held at such time or times and place or places asthe commission may designate. Before any hearing is had thecommission shall give the gas corporation, electricalcorporation, water corporation or sewer corporation affectedthereby at least thirty days' notice, specifying the time andplace of such hearing, and such notice shall be sufficient toauthorize the commission to inquire into the matters designatedin this section, but this provision shall not prevent thecommission from making any preliminary examination orinvestigation into the matters herein referred to, or frominquiring into such matters in any other investigation orhearing. All gas corporations, electrical corporations, watercorporations and sewer corporations affected shall be entitled tobe heard and to introduce evidence at such hearing or hearings.The commission is empowered to resort to any other source ofinformation available. The evidence introduced at such hearingsshall be reduced to writing and certified under the seal of thecommission. The commission shall make and file its findings offact in writing upon all matters concerning which evidence shallhave been introduced before it which in its judgment have bearingon the value of the property of the gas corporation, electricalcorporation, water corporation or sewer corporation affected.
3. Such findings shall be subject to review by any circuitcourt of this state in the same manner and within the same timeas other orders and decisions of the commission. The findings ofthe commission so made and filed, when properly certified underthe seal of the commission, shall be admissible in evidence inany action, proceeding or hearing before the commission or anycourt, in which the commission, the state or an officer,department or institution thereof, or any county, city ormunicipality or other body politic and the gas corporation,electrical corporation, water corporation or sewer corporationaffected may be interested whether arising under the provisionsof this chapter or otherwise, and such findings, when sointroduced, shall be conclusive evidence of the facts thereinstated as of the date therein stated under conditions thenexisting, and such facts can only be controverted by showing asubsequent change in conditions bearing upon the facts thereindetermined.
4. The commission may from time to time cause furtherhearings and investigations to be had for the purpose of makingrevaluations or ascertaining the value of any betterments,improvements, additions or extensions made by any gascorporation, electrical corporation, water corporation or sewercorporation subsequent to any prior hearing or investigation, andmay examine into all matters which may change, modify or affectany finding of fact previously made, and may at such time makefindings of fact supplementary to those theretofore made. Suchhearings shall be had upon the same notice and be conducted inthe same manner, and the findings so made shall have the sameforce and effect as is provided herein for such original notice,hearing and findings; provided, that such findings made at suchsupplemental hearings or investigations shall be considered inconnection with and as a part of the original findings exceptinsofar as such supplemental findings shall change or modify thefindings made at the original hearing or investigation.
(RSMo 1939 § 5655, A.L. 1967 p. 578)Prior revisions: 1929 § 5199; 1919 § 10487