HOUSE BILL NO. 2818 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE SHIELDS.
5978H.02I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal section 71.012, RSMo, and to enact in lieu thereof one new section relating to annexation procedures for cities.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 71.012, RSMo, is repealed and one new section enacted in lieu 2 thereof, to be known as section 71.012, to read as follows: 71.012. 1. (1) Notwithstanding the provisions of sections 71.015 and 71.860 to 2 71.920, the governing body of any city, town or village may annex unincorporated areas 3 which are contiguous and compact to the existing corporate limits of the city, town or village 4 pursuant to this section. 5 (2) The term "contiguous and compact" does not include a situation whereby the 6 unincorporated area proposed to be annexed is contiguous to the annexing city, town or 7 village only by a railroad line, trail, pipeline or other strip of real property less than one- 8 quarter mile in width within the city, town or village so that the boundaries of the city, town or 9 village after annexation would leave unincorporated areas between the annexed area and the 10 prior boundaries of the city, town or village connected only by such railroad line, trail, 11 pipeline or other such strip of real property. 12 (3) The term contiguous and compact shall include a situation whereby the 13 unincorporated area proposed to be annexed would be contiguous and compact to the existing 14 corporate limits of the city, town, or village but for an intervening state highway or interstate 15 highway as defined in section 304.001, or railroad right-of-way, regardless of whether any 16 other city, town, or village has annexed such state or interstate highway or railroad right-of- 17 way or otherwise has an easement in such state or interstate highway or railroad right-of-way.
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 2818 2
18 (4) The term contiguous and compact does not prohibit voluntary annexations 19 pursuant to this section merely because such voluntary annexation would create an island of 20 unincorporated area within the city, town or village, so long as the owners of the 21 unincorporated island were also given the opportunity to voluntarily annex into the city, town 22 or village. 23 (5) Notwithstanding the provisions of this section, the governing body of any city, 24 town or village in any county of the third classification which borders a county of the fourth 25 classification, a county of the second classification and the Mississippi River may annex areas 26 along a road or highway up to two miles from existing boundaries of the city, town or village 27 or the governing body in any city, town or village in any county of the third classification 28 without a township form of government with a population of at least twenty-four thousand 29 inhabitants but not more than thirty thousand inhabitants and such county contains a state 30 correctional center may voluntarily annex such correctional center pursuant to the provisions 31 of this section if the correctional center is along a road or highway within two miles from the 32 existing boundaries of the city, town or village. 33 (6) Notwithstanding any other provision of this section to the contrary, a city 34 with more than seventy-one thousand but fewer than seventy-nine thousand inhabitants 35 that owns and operates an airport that is outside the boundaries of such city may annex 36 such airport regardless of whether the boundaries of such airport are contiguous and 37 compact to the existing corporate limits of such city. 38 2. (1) When a notarized petition, requesting annexation and signed by the owners of 39 all fee interests of record in all tracts of real property located within the area proposed to be 40 annexed, or a request for annexation signed under the authority of the governing body of any 41 common interest community and approved by a majority vote of unit owners located within 42 the area proposed to be annexed is presented to the governing body of the city, town or 43 village, the governing body shall hold a public hearing concerning the matter not less than 44 fourteen nor more than sixty days after the petition is received, and the hearing shall be held 45 not less than seven days after notice of the hearing is published in a newspaper of general 46 circulation qualified to publish legal matters and located within the boundary of the petitioned 47 city, town or village. If no such newspaper exists within the boundary of such city, town or 48 village, then the notice shall be published in the qualified newspaper nearest the petitioned 49 city, town or village. For the purposes of this subdivision, the term "common-interest 50 community" shall mean a condominium as said term is used in chapter 448, or a common- 51 interest community, a cooperative, or a planned community. 52 (a) A "common-interest community" shall be defined as real property with respect to 53 which a person, by virtue of such person's ownership of a unit, is obliged to pay for real 54 property taxes, insurance premiums, maintenance or improvement of other real property HB 2818 3
55 described in a declaration. "Ownership of a unit" does not include a leasehold interest of less 56 than twenty years in a unit, including renewal options; 57 (b) A "cooperative" shall be defined as a common-interest community in which the 58 real property is owned by an association, each of whose members is entitled by virtue of such 59 member's ownership interest in the association to exclusive possession of a unit; 60 (c) A "planned community" shall be defined as a common-interest community that is 61 not a condominium or a cooperative. A condominium or cooperative may be part of a 62 planned community. 63 (2) At the public hearing any interested person, corporation or political subdivision 64 may present evidence regarding the proposed annexation. If, after holding the hearing, the 65 governing body of the city, town or village determines that the annexation is reasonable and 66 necessary to the proper development of the city, town or village, and the city, town or village 67 has the ability to furnish normal municipal services to the area to be annexed within a 68 reasonable time, it may, subject to the provisions of subdivision (3) of this subsection, annex 69 the territory by ordinance without further action. 70 (3) If a written objection to the proposed annexation is filed with the governing body 71 of the city, town or village not later than fourteen days after the public hearing by at least five 72 percent of the qualified voters of the city, town or village, or two qualified voters of the area 73 sought to be annexed if the same contains two qualified voters, the provisions of sections 74 71.015 and 71.860 to 71.920, shall be followed. 75 3. If no objection is filed, the city, town or village shall extend its limits by ordinance 76 to include such territory, specifying with accuracy the new boundary lines to which the city's, 77 town's or village's limits are extended. Upon duly enacting such annexation ordinance, the 78 city, town or village shall cause three certified copies of the same to be filed with the county 79 assessor and the clerk of the county wherein the city, town or village is located, and one 80 certified copy to be filed with the election authority, if different from the clerk of the county 81 which has jurisdiction over the area being annexed, whereupon the annexation shall be 82 complete and final and thereafter all courts of this state shall take judicial notice of the limits 83 of that city, town or village as so extended. 84 4. That a petition requesting annexation is not or was not verified or notarized shall 85 not affect the validity of an annexation heretofore or hereafter undertaken in accordance with 86 this section. 87 5. Any action of any kind seeking to deannex from any city, town, or village any area 88 annexed under this section, or seeking in any way to reverse, invalidate, set aside, or 89 otherwise challenge such annexation or oust such city, town, or village from jurisdiction over HB 2818 4
90 such annexed area shall be brought within five years of the date of adoption of the annexation 91 ordinance. ✔
Statutes affected: